THE 



MAINE TOWNSMAN 



Containing the Statutory Laws of Maine 
Respecting the Duties of 



TOWN OFFICERS, 



Powers and Obligations of Towns, Cities and Plantations, 
and Laws affecting General Business. 



Revised to January 1, 1911, 

BY 

JOHN T. FAGAN, 
$f 

of Cumberland Bar. 



PORTLAND: 

LORING, SHORT & HARMON. 

1910. 






Copyrighted, 1910. 
LORING, SHORT & HARMON. 



MARKS PRINTING HOUSE, PRINTERS, PORTLAND. 



©CI.A283688 






PREFACE TO THE REVISED EDITION. 



This revision is presented to the public with the belief that it 
will be found a useful work for town officers, business men gen- 
erally, and members of the legal profession. It is designed 
particularly to give full information to all town officers of the 
statutory provisions relating to their various offices, and to enable 
them to find readily what their powers and duties are. 

It is believed that the work will prove not only of great ben- 
efit and convenience to town officers of experience, but will also 
be indispensable to those persons who are entering into the 
active conduct of town affairs. 

The grouping of the statutes relating to the subjects treated 
saves the perplexing labor of stud}dng the Revised Statutes of 
1903, and the Public Laws enacted by the several legislatures 
since that date, and gives the statutory law as it stands to-day, 
in a simple and accessible form. 

Another feature of the work, a compilation of important de- 
cisions of the Supreme Judicial Court of Maine, will prove of 
value in solving the difficulties which will present themselves to 
every town officer in the course of his official duty. 

In addition to the duties of town officers, the book contains 
considerable information relating to the conduct of affairs and 
business matters which will be of service to the general public ; 
and the statutes and decisions in this branch of the work will 
be specially instructive to those who desire to inform themselves 



IV PREFACE. 

upon the law controlling matters that are daily brought to the 
attention and which are of interest to all. 

The rules of the Probate Court and additional matters will be 
of use to persons having business of that nature. 

The miscellaneous forms, together with the forms found in 
the book under appropriate headings, will, it is thought, be of 
value to the business public. 

The chapters and sections of the Revised Statutes of 1903 are 
thus referred to, R. S. c. , § . 

The reports of judicial decisions are referred to by volume 
and page. 

The acts of the legislature published since the revision are 
referred to by the words "Laws of," or "P. L." 

The constitution of the state is referred to as "Const." 

The abbreviation "lb." refers to the next preceding authority. 



TABLE OF CONTENTS. 



CHAPTER I 

Towns — Organization, . . . . . . 1 

CHAPTER II. 
Town Lines, . . . . . . .4 

CHAPTER III. 
Town Meetings, . . . . . . . .9 

CHAPTER IV. 

Annual Town Meetings, . . . . .17 

CHAPTER V. 
Moderator — Powers and Duties of, . . . .22 

CHAPTER VI. 

Oaths of Town Officers, ...... 24 

CHAPTER VII. 
By-Laws and Ordinances (Power to Pass), . . .26 

CHAPTER VIII. 
Town — Powers and Rights, ...... 29 

CHAPTER IX. 
Towns — Money Powers, May Raise Money for Certain Pur- 
poses, . . . . . . . .31 

CHAPTER X. 

Town Clerk, ........ 42 

CHAPTER XI. 

Elections. Rights and Qualifications of Voters, . . 56 



VI TABLE OF CONTENTS. 

CHAPTER XII. 

Elections. List of Voters, ...... 60 

CHAPTER XIII. 

Elections. Notifying Meetings, . . . . .63 

CHAPTER XIV. 

Elections. Proceedings at Elections, . . . .65 

CHAPTER XV. 

Elections. Election of Governor, . . . .70 

CHAPTER XVI. 

Elections. Election of Senators and Apportionment, . 71 

CHAPTER XVII. 

Elections. Election of Representatives to the State Leg- 
islature, . . . * . . . .73 

CHAPTER XVIII. 

Elections. Election of Representatives in Classed Towns, 75 

CHAPTER XIX. 

Elections. Apportionment of Representatives, . . 77 

CHAPTER XX. 

Elections. The Election of Representatives to Congress, 82 

CHAPTER XXL 

Elections. Election of County Officers, . . .84 

CHAPTER XXII. 

Elections. Elections in Cities, . . . . .90 

CHAPTER XXIII. 

Elections. Elections in Plantations, . . . .92 

CHAPTER XXIV. 

Elections. Return of Votes, . . . . .96 

CHAPTER XXV. 

Elections. Election of Electors of President and Vice- 
President, ........ 98 



TABLE OF CONTENTS. VII 

CHAPTER XXYI. 

Elections. General Provisions, ..... 100 

CHAPTER XXVII. 

Political Caucuses, ....... 103 

CHAPTER XXVIII. 

The Qualification and Registration of Voters, . . 108 

CHAPTER XXIX. 

Australian Ballot Law, ...... 121 

CHAPTER XXX. 
Taxation, ......... 139 

CHAPTER XXXI. 

The Assessment of Taxes, ...... 142 

CHAPTER XXXII. 

The Collection of Taxes, ...... 191 

CHAPTER XXXIII. 

Collector of Taxes, ....... 224 

CHAPTER XXXIV. 

Town Treasurer, ....... 268 

CHAPTER XXXV. 
Town Ways and Private Ways, ..... 279 

CHAPTER XXXVI. 

Highways — Location, Alteration and Discontinuance of, . 303 

CHAPTER XXXVII. 

Power of County Commissioners Relating to Town Ways, . 316 

CHAPTER XXXVIII. 

Liability of Towns to Repair Highways, etc., . . . 322 

CHAPTER XXXIX. 

Obstructions in Highways, Injuries, etc., . . . 345 

CHAPTER XL. 

Road Commissioner, ....... 348 



VIII TABLE OF CONTENTS. 

CHAPTER XLI. 
Toll Bridges, . . . . . . . 356 

CHAPTER XLIL 
Guideposts, ........ 358 

CHAPTER XLIII. 
Law of the Road, ....... 359 

CHAPTER XLIV. 

State Roads, ........ 366 

CHAPTER XLV. 

Railroads and Street Railroads, . . . . . 377 

CHAPTER XLYI. 

Operating Railroads, ....... 386 

CHAPTER XL VII. 

Street Railroads, ....... 392 

CHAPTER XLVIII. 
Ferries, ......... 403 

CHAPTER XLIX. 

Aqueducts and Water Companies, ..... 405 

CHAPTER L. 

Drains and Common Sewers, ...... 412 

CHAPTER LI. 

Education of Youth, ....... 427 

CHAPTER LIL 

Parishes and Incorporation of Independent Local Churches, 487 

CHAPTER LIU. 
Meeting-Houses, ........ 494 

CHAPTER LIY. 

Ministerial and School Lands, and Funds, . . . 497 



TABLE OF CONTENTS. IX 

CHAPTER LV. 

Proprietors of Lands, Wharves, and Other Real Estate in 

Common. ........ 499 

CHAPTER LVI. 

Settlement of Paupers, ...... 501 

CHAPTER LVII. 

Duty of Towns Relative to Poor, and Burial of Persons 
Honorably Discharged from Army, Navy, or Marine 
Corps, . . . . . . . . . 514 

CHAPTER LVIII. 

Overseers of the Poor, ...... 518 

CHAPTER LIX. 

Duty of Kindred to Support Poor Relatives, . . . 535 

CHAPTER LX. 

Bastard Children and Their Maintenance, . . . 538 

CHAPTER LXI. 

Workhouses, ........ 548 

CHAPTER LXII. 

Houses of Correction, ....... 550 

CHAPTER LXIII. 

Insane Persons, ........ 553 

CHAPTER LXIV. 

Health, ......... 559 

CHAPTER LXV. 

Town Hospitals, ........ 604 

CHAPTER LXVI. 

Nuisances, . . . . - . . . . . 605 

CHAPTER LXVII. 
Enginemen and Fires, ....... 612 

CHAPTER LXVIII. 

Prevention of Fires, . . . . . . .616 



X TABLE OF CONTENTS. 

CHAPTER LXIX. 
Inspection of Buildings, ...... 617 

CHAPTER LXX. 

Protection of Life in Buildings Used for Public Purposes, 620 

CHAPTER LXXI. 

Investigation of Causes of Fires, ..... 622 

CHAPTER LXXII. 

Police Officers, ........ 624 

CHAPTER LXXIII. 

Innholders and Victualers, ...... 625 

CHAPTER LXXIV. 

Lord's Day — Religious Meetings, ..... 630 

CHAPTER LXXV. 

Public Exhibitions, Bowling Alleys, Billiard Rooms, etc., 633 

CHAPTER LXX VI. 

Gambling, Lotteries and Policy Shops, .... 636 

CHAPTER LXXVII. 

Protection of Sheep, Dog Licenses, Mischievous Dogs, and 

Bounty on Wolves, Bears and Wildcats, . . . 640 

CHAPTER LXXVIII. 

Burying Grounds, ....... 645 

CHAPTER LXXIX. 
Dead Human Bodies, ....... 650 

CHAPTER LXXX. 

Employment Agencies, ....... 653 

CHAPTER LXXXI. 

Engines, . . . . . . . . 655 

CHAPTER LXXXIL 

Explosives and Firearms, ...... 656 



TABLE OF CONTENTS. XI 

CHAPTER LXXXIII. 

Fences and Common Fields, ...... 659 

CHAPTER LXXXIV. 

Fences, ......... 669 

CHAPTER LXXXV. 

Lost Goods and Stray Beasts, ..... 671 

CHAPTER LXXXVI. 

Auctions and Auctioneers, ...... 674 

CHAPTER LXXXVII. 

Hat. ......... 676 

CHAPTER LXXXVIII. 

Libraries and Charitable and Benevolent Societies, . 677 

CHAPTER LXXXIX. 

Itinerant Vendors, ....... 682 

CHAPTER XC. 

Property Exempted from Attachment and Execution, . 687 

CHAPTER XCI. 

Rights of Married Women, . . . . . . 690 

CHAPTER XCII. 
Interest, ......... 693 

CHAPTER XCIII. 

Mortgages of Personal Property. Liens and their Enforce- 
ment, ......... 695 

CHAPTER XCIV. 

Adoption and Protection of Children, . . . . 717 

CHAPTER XCV. 

Employment of Children, ...... 723 

CHAPTER XCVI. 

Masters, Apprentices and Servants, .... 729 



XII TABLE OF CONTENTS. 

CHAPTER XCVII. 

FORTNIGHTLY PAYMENT OF WAGES, . . . . . 730 

CHAPTER XCVIII. 

Selection and Service of Jurors, ..... 731 

CHAPTER XCIX. 

Coroners and Coroners' Inquests, . . . . 737 

CHAPTER C. 

Constables. ........ 742 

CHAPTER CI. 

Marriages, Births, Deaths and Vital Statistics, . . 744 

CHAPTER Oil. 

Reference of Disputes by Consent of Parties. . . 755 

CHAPTER CHI. 

Fees of Trial Justices and Justices of the Peace, . . 757 

CHAPTER CIV. 

Inspection of Lime and Lime Casks, . . . . 759 

CHAPTER CV. 

Inspection of Leather, Boots and Shoes, . .. • 761 

CHAPTER CVI. 

Survey of Wood, Bark, Coal, Hoops, Staves and Lumber, . 762 

CHAPTER CVII. 

Standard Weights and Measures, ..... 768 

CHAPTER CVIII. 

Inspection of Flour, Nails, Paper, Oils, Petroleum, Coal 

Oil, Food. . . ... .-■•■-. . . 775 

CHAPTER CIX. 

Pilots, . . . . . •■•-.. .781 

CHAPTER CX. 

Ship Owners, Wrecks and Shipwrecked Goods, . . 782 



TABLE OF CONTENTS. XIII 

CHAPTER CXI. 

Lighters and Harbors, . . . . . . . 784 

CHAPTER CXII. 

Port Wardens, ........ 785 

CHAPTER CXIII. 

Harbor Masters, . . . . . .. . 787 

CHAPTER CXIV. 

Trees, Preservation of — Brown Tail and Gypsy Moth, . 789 

CHAPTER CXV. 

Fish and Game Laws, . . . . . . . 795 

CHAPTER CXVI. 

People's Veto — Referendum — Direct Initiative, . . 795 

CHAPTER CXVII. 

United States Bankruptcy Law, ..... 799 

CHAPTER CXVIII. 

Rules of the Probate Courts, ..... 813 

CHAPTER CXIX. 

Administration, ........ 817 

APPENDIX. 

Miscellaneous Forms, ....... 823 



MAINE TOWNSMAN. 



CHAPTER I. 



TOWNS— ORGANIZATION. 

A town is an organized portion of the inhabitants of the state 
within defined limits of territory, within the same county. 

At the first settlement of the Massachusetts Bay Colony, 
towns consisted of clusters of inhabitants, dwelling near each 
other, which, by the effect of legislative acts, designating them 
by name, and conferring upon them certain powers, became in 
effect municipal or quasi corporations, without any formal act of 
incorporation. Soon after the adoption of the Constitution of 
Massachusetts it was for the first time expressly enacted that 
towns should be corporations. And it was always recognized by 
the courts of Massachusetts, even before it was declared by 
statute, that towns, parishes, etc., by virtue of their existence as 
quasi corporations, were capable of holding property and making 
contracts, for the purposes for which thev were established. 
122 Mass. 349. 

Towns are now created by statute. The usual act of incorpo- 
ration simply provides that certain defined territory, with the 
inhabitants resident therein, be incorporated into a town by the 
name designated. In the absence of conditional provisions there- 
in, an act of incorporation becomes imperative and binding when- 
ever it takes effect, without any formal acceptance on the part 
of its inhabitants. It has none of the elements of a contract, or 
compact, conferring a vested right upon its inhabitants as against 
the state, that the territorial limits of the town shall continue as 
when incorporated for any particular period ; but it is simply an 
act of legislation, enacted for the public good, to be amended or 
repealed only by the sovereign power which created it, whenever 
and however, under the constitution, it deems the end may re- 
quire. The citizens of the town, as such, have no power to 
change even its name. Thus created it becomes an institution 



Z TOWNS ORGANIZATION. 

of the state, established for certain puplic purposes, and for 
effecting those purposes, it is invested with certain corporate 
powers, and is charged with corresponding duties — all either ex- 
pressly or impliedly provided for in the statutes and adapted to 
their peculiar nature. Within the proper scope of these pur- 
poses, powers and duties, its corporate acts bind the corporation ; 
while all others being foreign thereto, are without law and have 
no binding effect. 63 Me. 235. 

None of the powers and duties of towns in this state are 
derived from or imposed by the common law. 14 Me. 377. 

As the corporate powers are derived from legislative enact- 
ment these powers cannot be transcended by the town. Any act 
attempting so to do is illegal. Towns cannot ratify negligent or 
tortious acts of their officers. 52 Me. 118. 

The boundaries of towns may be changed by a legislative 
enactment, but cannot be changed by corporate acts of towns or 
the inhabitants thereof unless such acts are authorized or ratified 
by the legislature. 38 Me. 37 ; 53 Me. 327. 

When the act incorporating a town is repealed, the territory 
which was embraced therein becomes an unincorporated town- 
ship. 87 Me. 503. 

In Lovering v. Foxcroft the supreme court of Maine defines 
the powers and duties of towns as follows : 

Towns in Maine, as in other New England States, are terri- 
torial divisions into which the territory of the state is divided by 
the legislature for political purposes, — for the more convenient 
and effectual administration of certain functions of political 
government. The inhabitants of the particular territory are 
made a political agency and particular duties and liabilities for 
purposes of administration are imposed upon them even without 
their consent. They are not a voluntary association. They can- 
not escape the duties and burdens imposed, except by a removal 
of themselves and their property from the town territory. It is 
clear that such agencies are subject to such duties and liabilities 
only as are expressly, or by necessary implication, imposed upon 
them by the legislature to effectuate the purpose of their creation. 
The powers of a town over the inhabitants and property within 
its territory are correspondingly limited to such as are necessary 
for the efficient discharge of those duties and liabilities; — and 
even these limited powers are to be exercised upon the citizen 
and his property only with such precautions and in such manner 
as may be prescribed by the state. Any effort to exercise any 



TOWNS — ORGANIZATION. 3 

of these powers in any other way would be nugatory. The 
citizen, the tax-payer, can ignore any action or attempted action 
not strictly in accordance with the course prescribed. In the 
case of New England towns, especially, the interests and immu- 
nities of the citizen are and must be scrupulously guarded, since 
his private property can be taken upon a judgment against his 
town. Such a severe liability requires that the powers and pro- 
ceedings of towns should be construed with great strictness in 
his favor. 91 Me. 367. 

The inhabitants of each town are a body corporate, capable of 
suing and of being sued, and of appointing attorneys and agents. 
R. S. c. 4, § 1. 

After the legislature has incorporated a certain district into a 
town, the inhabitants thereof may call a town meeting. 

The petition for the first town meeting should be signed by 
ten or more legal voters and addressed to a justice of the peace 
in the county requesting him to issue his warrant for such meet- 
ing. The petition should state the matters to be acted upon. 
The warrant shall specify the time and place at which the meet- 
ing shall be held, and in distinct articles shall state the business 
to be acted upon at such meeting ; and no other business shall 
be there acted upon. The warrant may be directed to any con- 
stable of the town, or any person by name, directing him to warn 
and notify all persons qualified to vote at such meeting, to as- 
semble at the time and place appointed. Such meeting shall be 
notified by the person to whom the warrant is directed by post- 
ing an attested copy thereof in some public and conspicuous 
place in said town seven days before the meeting, unless the act 
creating the town provides a different mode. The person who 
notifies the meeting shall make return on the warrant, stating 
the manner of notice, and the time when it was given. R. S. c. 
4, § 3, 4, 5, 6 and T. 

When part of a town is set off and incorporated as a new 
town, the old town, though shorn of part of its territory, still 
retains all the property, powers and rights, and remains subject 
to all the obligations of the original town unless otherwise pro- 
vided in the act. 92 Me. 328. 



TOWN LINES. 



CHAPTER IL 



TOWN LINES. 

Lines between towns shall be run once every five years, 
except as mentioned in the two following sections. The muni- 
cipal officers of the oldest town shall give ten days' notice in 
writing to such officers of the adjoining towns of the time and 
place of meeting for perambulation ; and each officer who 
neglects to notify or attend in person, or by substitute, forfeits 
ten dollars, two-thirds to the town which complies with its 
duty, and one- third to any two or more of said officers of the 
town complying, to be recovered within two years after the 
forfeiture is incurred ; and the proceedings of such officers, after 
every such renewal of boundaries, shall be recorded in their 
town books. R. S. c. 4, § 108. 

The assessors of organized plantations are subject to the per- 
formance of the duties devolving on municipal officers of towns 
in relation to perambulation. 56 Me. 30. 

Towns, which, since March twenty-two, eighteen hundred and 
twenty-eight, have perambulated, or shall perambulate their lines 
as by law prescribed, and set up stone monuments, at least two 
feet high, at all the angles, and where the lines cross highways, 
or on or near the banks of all rivers, bays, lakes or ponds, which 
said lines cross, or which bound said lines, are exempt from the 
duty of perambulating said lines, except once every ten years, 
commencing ten years from the time that the stone monuments 
were so erected. R. S. c. 4, § 109. 

When a town petitions the supreme judicial court, stating 
that a controversy exists between it and an adjoining town 
respecting a town line, and praying that it may be run, the court, 
after due notice to all parties concerned, may appoint three com- 
missioners, who shall, after giving notice of the time and place 
of meeting, to all persons interested, ascertain and determine 
the lines in dispute, and describe them by courses and distances, 
and make, set and mention in their return, suitable monuments 



TOWN LINES. 5 

and marks for the permanent establishment thereof, and make 
duplicate returns of their proceedings; one of which shall be 
returned to the court, and the other to the office of the secretary 
of state ; and such lines shall be deemed in every court and for 
every purpose the dividing lines between such towns. R. S. 
c. 4, § 110. 

Assessors of plantations perform the duties of municipal offi- 
cers of towns in relation to perambulations. R. S. c. 4, § 121 ; 
56 Me. 30. 

Form of Notice for Perambulation. 

The selectmen of the town of , to the selectmen of the town of : 



Gentlemen: — The subscribers, selectmen of , being selectmen of the 

oldest of said towns, hereby give you notice to meet at , on the day 

of , at o'clock in the forenoon, for the purpose of perambulating 

and running the lines between said towns, and renewing the marks and 
bounds, according to the revised statutes of this state. 
Dated at , this day of , A. D. 19—. 

A. B., v 

C. D., > Selectmen of . 

E. F., ) 
Return of Perambulation. 

Agreeably to notice given to the town of , by , of , to meet at 

, on the day of , A. D. 19 — , for the purpose of perambulating 

and running lines between the said towns, and renewing the marks and 
bounds, we, the subscribers, selectmen of said towns, have met at the time 
and place, and for the purposes aforesaid, and do make the following return 
of our doings. [Here insert the return of doings.] 

In witness whereof, we have hereunto mutually set our hands, this 

day of , A. D. 19—. 

A. B., J G. H. 

C. D., > Selectmen of . H. I., } Selectmen of- 

E. F., ) O. B. 

Form of a Petition to the Supreme Judicial Court for the Appoint- 
ment of Commissioners. 

To the honorable justice of the supreme judicial court, to be holden at 

, in and for the county of , on the day of . 

A. D. 19—. 
Respectfully represent, [insert name of selectmen,] the subscribers, select- 
men of the town of , in said county, that, on the day of last 

past, pursuant to a notice previously given, they met the selectmen of the 
town of , in said county, for the purpose of perambulating the lines be- 
tween said towns, and renewing the marks and bounds thereon, but that a 
controversy exists between said parties, in renewing and establishing the 
lines and bounds of said towns; wherefore your petitioners pray your honors 



6 TOWN LINES. 

that the same may be run by commissioners to be appointed by your honors, 
and that your honors will appoint commissioners to run said lines, and to 
ascertain and determine the line or lines in dispute, and describe the same 
by courses and distances, and mention in their return suitable monuments 
or marks for the permanent establishment of such lines. 

A. B., ) 

C. D., > Selectmen of . 

E. F., ) 

As the power of altering the lines of towns rests wholly with 
the legislature, the selectmen can only decide where the true 
town line is. 53 Me. 327. 

The return of perambulation should be recorded in the records 
of each town ; and the town clerk should certify at the bottom 
as follows : 

A true record of the original. 

Attest, A. B., Town Clerk. 

On petition of selectmen to the supreme judicial court, com- 
missioners will be appointed to settle disputed town lines. 

Form of Petition. 

To the honorable justices of the supreme judicial court, to be holden at 

, in and for the county of , on the day of , 

A. D. 19—. 
Respectfully represent, [insert name of selectmen,"] the subscribers, select- 
men of the town of -, in said county, that, on the day of last 

past, pursuant to a notice previously given, they met the selectmen of the 
town of , in said county, for the purpose of perambulating the lines be- 
tween said towns, and renewing the marks and bounds thereon, but that a 
controversy exists between said parties, in renewing and establishing the 
lines and bounds of said towns; wherefore your petitioners pray your honors 
that the same may be run by commissioners to be appointed by your honors, 
and that your honors will appoint commissioners to run said lines, and to 
ascertain and determine the line or lines in dispute, and describe the same 
by courses and distances, and mention in their return suitable monuments 
or marks for the permanent establishment of such lines. 

A. B., 1 

C. D., > Selectmen of . 

E. F., ) 

Form of Commissioners' Report. 

The undersigned, commissioners, appointed by the supreme judicial court 

held at , in and for the county of , on the Tuesday of , 

A. D. 19—, to ascertain and determine the town lines in dispute between 

the towns of and , after giving notice to all persons interested 

of the time and place of meeting, and after hearing all persons interested at 



TOWN LINES. 7 

the time and place appointed, we ascertained and determined the following 
described lines to be the true boundary line or lines [as the case may he] 

between the towns of and , aforesaid, which line or lines [as the 

case may be] are described by courses and distances as follows, to wit: 
[here give the line or lines by courses and distances,] and have made and set 
stone monuments, marked T. L. at the beginning, angles and ends of the 
aforesaid several lines, courses and distances for the permanent establish- 
ment of such lines, and hereby make duplicate returns of our proceedings, 
one of which is hereby returned to the court aforesaid, and one to the office 
of the secretary of the State of Maine. 

In witness whereof, we have hereunto set our hands this day of , 

A. D. 19—. 

A. B., } 

C. D., > Commissioners. 

E. F., ) 

The validity and efficacy of the proceedings of the commis- 
sioners must be determined upon the facts appearing on the 
reports. 53 Me. 324. 

If the report does not "ascertain and determine" the line, the 
"controversy" is not terminated, and commissioners may be 
appointed on a new petition. 53 Me. 324. 

A report declaring that the commissioners do "award and 
determine" that a certain defined line "shall be the true bound- 
ary," etc., does not make it certain that they did not establish a 
new line, instead of ascertaining and renewing the old one, and 
hence is insufficient. 53 Me. 324. 

The decision of commissioners is conclusive, although the 
court may prevent report from becoming final until satisfied of 
its freedom from fraud and of its legal correctness. 65 Me. 200 ; 
79 Me. 171. 

In such proceeding costs are not allowed to either side. 79 
Me. 171. 

Report must show that commissioners "ascertained and deter- 
mined" on oath the lines in dispute and describe them, etc. 76 
Me. 30. Must be three commissioners. lb. 

When act of incorporation makes a fresh water and running- 
stream a boundary of a town, in the absence of language indicat- 
ing a different intention, the thread of the stream and not the 
bank is the boundary line. 66 Me. 546. 

When line runs to the channel of such a stream and then runs 
down the channel the centre line down the channel is the bound- 
ary line. 75 Me. 332. 



8 TOWN LINES. 

Acts of incorporation, which make a fresh water and running 
stream the boundary of a town, are to be construed in the 
same manner as deeds which make such a stream the boundary 
between conterminous proprietors ; and the thread, not the 
bank, of the stream, is the boundary, in the absence of language 
indicating a contrary intention. 66 Me. 545. 

Where two termini of a line between towns are established, 
and no intermediate conflicting point is indicated in the descrip- 
tion, the line will be deemed to be a straight one. 66 Me. 354. 

This rule was Held, to apply where natural boundaries were 
disregarded, and a point of land was cut off and made part of 
a town on the other side of a cove. lb. 

In the absence of evidence on the face of the earth, showing 
the original actual location of the town of Bremen, the last call 
in the act of incorporation is a line starting from the point of 
departure named, and running in such a course as to include 
Long island and Hog island, down to low water mark. ''Cross- 
ing the bar," etc., means passing clear across the entire width 
of the bar on the line of low water ; and when the western limit 
of the bar is reached, then a straight line from that point "to 
the first mentioned bound" is the true line. lb. 

The decision of commissioners (appointed under R. S. 1871, 
c. 3, § 43,) in ascertaining, determining and marking upon the 
face of the earth the common line between towns, is conclusive. 
65 Me. 200. 

By section forty-four, the compensation of the commissioners 
is to be apportioned "in equal proportion," upon the petitioners 
and respondents as parties, irrespective of the number of towns 
in either party. lb. 

The territorial limits of a town can be changed only by the 
authority of the legislature. 65 Me. 200. 

When the precise locality of the common limit between 
adjoining towns is a subject of controversy the decision of com- 
missioners, appointed under R. S. 1871, c. 3, § 43, to determine 
the line, is conclusive, and there seems to be no power in the 
court to reject their report simply because they may possibly 
have erred in judgment in ascertaining the true line. lb. 

When the channel of a river is named as the boundary be- 
tween two towns, the line is the thread of the channel, not the 
thread of the river. 75 Me. 329. 

The court may allow the commissioners a proper compensa- 



TOWN LINES. 9 

tion for their services, and issue a warrant of distress for its 
collection from said towns in equal proportions. R. S. c. 4, § 
111; 65 Me. 203. 

The adjudication of commissioners is not conclusive on 
boundary line of adjacent owners. 89 Me. 212. 

The findings of commissioners on questions of fact and con- 
clusions of law are conclusive. 90 Me. 235. 

Courts can only inquire into propriety of conduct and regu- 
larity of procedure. 90 Me. 235. 

Commissioners need not be sworn. 90 Me. 235. 

A commissioner who had previously run lines as surveyor 
for one of the towns is not disqualified. 90 Me. 235. 



CHAPTER III. 



TOWN MEETINGS. 

Every town meeting, except in the cases mentioned in the 
two following sections, shall be called by a warrant signed by 
the selectmen. R. S. c. 4, § 2. 

The first town meeting held in a town shall be called and 
notified in the manner prescribed in the act of incorporation; 
and if no mode is therein prescribed, by any justice of the peace 
in the same county. When a town, once organized, is destitute 
of officers, a meeting may be called on application to such justice 
for his warrant for the purpose, made in writing by any three 
inhabitants thereof. When, by reason of death, removal, or 
resignation, a majority of the selectmen do not remain in office, 
a majority of those remaining in office may call a town meeting. 
Ib. § 3. 

If the selectmen unreasonably refuse to call a town meeting, 
any ten or more legal voters therein may apply to a justice of 
the peace in the county, who may issue his warrant for calling- 
such meeting. When ten or more voters in writing request the 
selectmen to insert a particular thing in a warrant, they shall 



10 TOWX MEETINGS. 

insert it in the next warrant issued, or shall call a special meet- 
ing for the consideration thereof. lb. § 4. 

In either case, the warrant shall specify the time and place at 
which the meeting shall be held, and in distinct articles shall 
state the business to be acted upon at such meeting; and no- 
other business shall be there acted upon. lb. § 5. (See title 
Highways.) 

The warrant may be directed to any constable of the town, 
or any person by name, directing him to warn and notify all 
persons qualified to vote at such meeting, to assemble at the 
time and place appointed. lb. § 6. 

Such meeting shall be notified by the person to whom the 
warrant is directed, by posting an attested copy thereof in some 
public and conspicuous place in said town seven days before the 
meeting, unless the town has appointed, by vote, in legal meet- 
ing, a different mode, which any town may do. In either case, 
the person who notifies the meeting shall make his return on the 
warrant, stating the manner of notice, and the time when it was 
given. lb. § 7. 

Sections four, five, six and seven apply to cities and the 
municipal officers of cities, the same as to towns and the select- 
men of towns, and when any meeting thus provided for is called 
in cities, it shall be by warrants posted in each ward. R. S. c. 
4, § 8. 

The meetings of any village corporation may be notified by 
the person to whom the warrant is directed, by posting attested 
copies in two or more public and conspicuous places within the 
corporation limits seven days before the meeting, instead of in 
the manner provided by the act creating such corporation ; 
provided that such corporation shall first at a legal meeting 
designate at what and how many places such notices shall be 
posted. lb. § 9. 

When omissions or errors exist in the records or tax lists of a 
town or school district, or in returns of warrants for meetings 
thereof, they shall be amended, on oath, according to the fact, 
while in or after he ceases to be in office, by the officer whose 
duty it was to make them correctly. If the original war- 
rant is lost or destroyed, the return, or an amendment of it, 
may be made upon a copy thereof. lb. § 10. 

Town meetings for the choice of governor, senators and 
representatives, shall be on the second Monday of September, 
biennially. Const, art. 2, § 4, as amended. 



TOWN MEETINGS. 11 

Every person qualified to vote for governor, senators and 
representatives, in the town in which he resides, may vote in 
the election of all town officers, and in all the affairs thereof. 
R. S. c. 4, § 11 ; see Elections, c. 11, § 2. 

Warrant for Annual Town Meeting. 

To W. D. R., a constable of the town of , in the county of , 

GREETING. 

In the name of the State of Maine, you are hereby required to notify and 

warn the inhabitants of said town of , qualified by law to vote in town 

affairs, to meet at the townhouse, in said town, on the day of , 

at o'clock in the noon, to act on the following articles, to wit: 

First, to choose a moderator to preside at said meeting. 
■ v - \ Second, to choose, etc. (here insert such articles as are necessary). 

The selectmen hereby give notice that they will be in session for the pur- 
pose of revising and correcting the list of voters, at , at o'clock in 

the noon on the day of said meeting. 

Given under our hands at , this day of , A. D. 19 — . 



Selectmen of 



The proceedings at town meetings are regulated by the 
moderator and by the selectmen when acting as such. See 
moderator, post. 

The Form of an Application to a Justice, when the Selectmen 

Unreasonably Refuse to Insert an Article in their Warrant. 
To A. B., Esquire, one of the justices of the peace in and for the county 

of . 

The subscribers, being ten or more legal voters in the town of , in 

said county, respectfully represent, that on the day of last past, 

we made a request in writing to the selectmen of , to insert an article in 

their warrant for calling a town meeting, a copy of which is as follows: 
[here insert copy of the article ;] yet the selectmen have unreasonably re- 
fused to comply with said request ; wherefore, we request you to issue a 
warrant to call a meeting of the inhabitants of said town to act upon the 

article contained in said request. 

[Signatures often or more.] 

The Form of a Warrant upon said Application. 

State of Maine. 
[Name of county], ss. 
To W. S., a constable of the town of , in the county of , 

GREETING, 

Whereas application has been made to me, a justice of the peace for said 
county, by ten or more legal voters in said town, to call a meeting of the 



12 TOWN MEETINGS. 

inhabitants of said town, to act upon the article hereinafter mentioned ; 
and whereas it has been made to appear to me that the selectmen of said 
town, upon request in writing duly made to them for that purpose, have 
unreasonably refused to insert an article in their warrant for a town meet- 
ing, issued next after said request to them, or to call a special meeting for 
the consideration thereof: 

In the name of the State of Maine, you are hereby required to notify and 
warn all persons qualified by law to vote at such meeting, to assemble at 

, in said town, on the day of next, at o'clock in the 

noon, to act upon the following subjects: 

First, to choose a moderator to govern said meeting. 

Second, to see if the town will [here insert the article]. 

Fail not to make due service of this warrant, and to return your doings 
thereon, at the time and place of meeting. 

Given under my hand, this day of , A. D. 19 — . 

A. B., Justice of the Peace. 
If the selectmen have neglected to call a meeting, omit the 
words "have unreasonably neglected to insert an. article in their 
warrant for a town meeting, issued next after said request to 
them or to call a special meeting for the consideration thereof" 
and insert instead, "have unreasonably neglected to call a meet- 
ing to act upon said article/' 

The Form of the Constable's Return on the Back of any Warrant. 

, , , A. D. 19 — . Pursuant to the within warrant to me directed, 

I have notified and warned the inhabitants of said town, qualified as therein 
expressed, to assemble at said time and place, and for the purposes therein 

named, by posting an attested copy of said warrant, at , in said town, 

being a public and conspicuous place in said town, on the day of , 

being seven days before the meeting. 

W. S., Constable of . 

If the town has appointed by vote, in legal meeting, a 
different mode of calling meetings, then the necessary changes 
should be made in the return. 

The warrant and the various matters brought before the 
meeting by it, are subject to the decision of the meeting until 
final adjournment. 

No objection to the validity of a vote, that it was passed 
near the close of the meeting and after a portion of the voters 
had retired. 

Unless rights of third persons are affected it is competent to 
do any business at adjourned meeting that could have been 
done on the first day, may reconsider or modify any vote al- 



TOWN MEETINGS. 13 

ready passed or pass any other vote within the scope of the 
articles in the warrant. 7 Me. 405; 23 Me. 120; 55 Me. 
433; 65 Me. 203. 

Town meeting called to do business that requires a two-thirds 
vote may adjourn by a majority vote. 65 Me. 207. 

Records best evidence of what took place at town meeting. 
3 Me. 226 ; 74 Me. 60 ; 77 Me. 330. 

If action required to be by two-thirds the record should 
show that two-thirds voted for it, otherwise the vote is in- 
effectual. No presumption that vote was by two-thirds — on 
contrary presumed to have been a majority vote. 65 Me. 68. 

Warrant dated February 26, 1890, duly posted, called a 
meeting for the tenth day of March ; held that a meeting on 
the tenth day of March, 1890, would be valid although year 
was not stated in the call. 87 Me. 219. 

Return must show that attested copy was posted at a public 
and conspicuous place within the town at least seven days be- 
fore the meeting and must be signed by the constable. 25 
Me. 561 ; 55 Me. 193; 56 Me. 530. 

If town has appointed by vote in legal meeting a different 
mode, party setting up the legality of the meeting must prove 
such appointment. 55 Me. 65. 

Return that copy was posted in a "public place" is insuffi- 
cient. 34 Me. 575. 

"As the law directs" is insufficient. 65 Me. 342. 

Not necessary for officer to personally post the copy. 

Return that he "caused to be posted up an attested copy of 
the warrant" is good. 82 Me. 180. 

But it seems that notice must be posted under the eye of the 
constable. lb. 

It was not necessary, that the selectmen's warrant for calling 
a town meeting in 1803, should be under seal. 12 Me. 487. 

It is not necessary for the assessors to insert in the warrant 
for calling a town meeting, a notice of the time and place of 
their intended session to receive evidence of the qualification of 
voters; such notice may be posted up otherwise. 3 Me. 305. 

An indictment, for voting twice at one balloting for the 
choice of a selectman, cannot be sustained, unless such meeting 
was legally warned. 25 Me. 561. 



14 TOWN MEETINGS. 

There cannot be a legal town meeting, unless it be originally 
held at the place appointed for the meeting, in the warrant, by 
which it is called. 13 Me. 466. 

A warrant for a town meeting is sufficient, if it gives notice 
with reasonable certainty of the subject matter to be acted on. 
60 Me. 568. 

An article, in a warrant for a town meeting, to see what 
measures the town will take to build a certain bridge, or any 
matters and things relating thereto, is sufficient to authorize the 
raising of money for that purpose. 8 Me. 334. 

An article, "to see what measures the town will take to 
provide a workhouse or house of correction for the reception, 
support, and employment of the idle and indigent, and such 
other persons as by law are liable to be sent to such house, for 
the purposes aforesaid, and for the superintendence of the 
same," was sufficient to authorize a vote empowering the select- 
men to contract with some person for the support of the poor 
for one year ; such town having practiced for several years, the 
making of similar contracts, under similar articles. 10 Me. 317. 

In a warrant calling a town meeting to act upon the accept- 
ance of a town way, a general description of the way is suffi- 
cient. 35 Me. 242. 

When the only article in the warrant for a town meeting is 
"to see if the town will loan its credit to aid in the construction 
of a railroad," the article is sufficient to give the inhabitants 
notice that a proposition to subscribe for stock will be acted on. 
60 Me. 568. 

A public act authorizing town aid to railroads, need not be 
noticed in the article in the warrant to see if the town will vote 
such aid. 65 Me. 203. 

A town meeting is called for the purpose of each and every 
article in the warrant, though one article requires a majority 
vote, and another a two-thirds vote. lb. 

A town meeting, called by justice of the peace, without an 
unreasonable refusal by the selectmen, is illegal. 53 Me. 389. 

If a majority of the selectmen were never requested to call a 
town meeting, it cannot be said they "unreasonably refuse," 
within the meaning of R. S. of 1857, c. 3, § 4. lb. 

To render the doings of a town meeting legal, it should ap- 
pear that attested copies of the warrant for the meeting were 
posted in public and conspicuous places, and that the places of 



TOWN MEETINGS. 15 

posting were within the town. 51 Me. 29 ; 55 Me. 61 ; 55 
Me. 193; 49 Me. 346 ; 48 Me. 451. 

And it must appear in the return that it had been done at 
least seven days before the meeting. 25 Me. 561 ; 26 Me. 172. 

The legality of a town meeting for the choice of officers, is 
sufficiently proved by showing that it was notified in due form, 
by those claiming to act as the legally qualified officers of the 
preceding year. 7 Me. 426. 

If the constable's return is defective, in not showing the 
manner in which the meeting was warned, it does not follow 
that the proceedings of the inhabitants at the meeting are 
necessarily void, to all intents, since in some cases, the objection 
may be lost on the ground of waiver, or estoppel. lb. 

Where the return upon a warrant for a town meeting did not 
show that the copies posted were attested, or that they were 
posted in conspicuous places, evidence to these points will not 
cure the defect, in a penal action. 29 Me. 523. 

An officer's return that he posted the notices in a "public" 
place, without saying in a "public and conspicuous" place, is in- 
sufficient. 34 Me. 575. 

The return on a warrant calling a town meeting, must bear 
the sign manual of the constable who executed it. It is not 
enough that his name was written at his request, in his 
presence, after having heard it read. 56 Me. 390. 

If the return on a warrant for calling a town meeting, does 
not show how the meeting was warned, it will be presumed, in 
the absence of other proof, that it was warned in the mode 
agreed upon by the tow~n. 8 Me. 334. 

It is no valid objection to such return, that it bears date on 
the day of the meeting. 8 Me. 334; 12 Me. 487. 

In an action against the moderator of a parish meeting, for 
refusing the plaintiff's vote, the constable's return not showing- 
how the meeting was warned, the defect is incurable, and fatal 
to the action. 7 Me. 426. 

If a town "has appointed by vote, in legal meeting, a different 
mode" of notifying its meetings, it is incumbent upon the party 
desiring to establish the legality of the meeting, to show it was 
called in accordance with the mode prescribed by the town. 
55 Me. 61. 

Where it was required by a town, that notice of its meetings 
should be posted at the townhouse on a specified street, posting 



16 TOWN MEETINGS. 

at "the townhouse," was Held, sufficient, it not being shown that 
more than one townhouse existed. 35 Me. 242. 

Under the statutory provision that the notice for a town meet- 
ing shall be posted seven days, unless the town appoints by vote 
in legal meeting a different mode, the defendant town voted that 
its meetings, (with certain exceptions named,) should be notified 
by posting a notice therefor not less than three months. Held r 
that a town by-law or ordinance requiring so long a notification 
is unreasonable, and on that account unauthorized and void* 
66 Me. 585. 

An article in a warrant to raise money for certain purposes is 
not exhausted of its efficacy by a single vote raising a certain 
sum at the same or an adjourned meeting. 7 Me. 426. 

Although a town meeting, at which certain persons were 
elected selectmen of the town, was invalid by reason alone of a 
defect in the constable's return upon the warrant, they were, 
nevertheless, selectmen de facto ; and, as such, had a right to 
call other town meetings during their official term. The ques- 
tion of the validity of selectmen, who issued a warrant for a town 
meeting during their official term, is not open to the town when 
it appears that they were officers de facto, and that the meeting 
was otherwise legal. 57 Me. 541. 

One of the purposes set forth in a warrant for a town meeting 
was to see "if the town will vote to have their townhouse in said 
hall." Held, that this article authorized a vote to consent to 
have a town hall in the hall referred to. 101 Me. 416. 

There is no rule of law that the officers of a city or town must 
be acquainted with the contents of all its records. 30 Me. 466. 

A liberal construction should be made to support the proceed- 
ings of towns, when no one is injured thereby. 17 Me. 444. 

The inhabitants of a town, against whom a warrant of distress 
has issued, may vote to raise money, either by loan or assess- 
ment, to satisfy the same. 20 Me. 178. 

It is not necessary that a newly incorporated town should 
accept the act of incorporation. The rule applies only to pri- 
vate corporations. 21 Me. 58. 

Towns cannot authorize their agents to do what they have no 
right to do. 2 Kent. Com. 292. 

Towns derive all their powers as well as existence, from the 
legislature. 14 Me. 377 ; 82 Me. 43. 



TOWN MEETINGS. 17 

Selectmen may employ counsel in behalf of the town. 
14 Me. 20. 

A town may, by vote, ratify the proceedings of a prior illegal 
meeting, or may rescind a vote passed at a prior meeting, unless 
the rights of others intervene. 55 Me. 193, 433. 

Towns may adjourn town meetings from time to time, and 
place to place, as they may think proper. 48 Me. 440. 

A vote that is part legal and part illegal will be valid as to 
the legal part if it can be separated from the illegal part. 
51 Me. 610. 

Towns have no authority to appropriate money for the cele- 
bration of the Fourth of July. 1 Allen 103 ; 82 Me. 43. The 
power of cities depends upon their several charters. 

A town may let portions of its townhouse. 3 Allen 9 ; 66 
Me. 585. 

Signature of one selectman to contract will not bind town. 
53 Me. 437. 

Majority of committee should sign a contract. Signing by 
chairman not sufficient. 59 Me. 485. 

. Town not liable for money loaned its officers unless it is 
proved that the officers had authority to hire the money, or that 
the hiring has been ratified by the town, or that the money has 
been applied to the legitimate uses of the town and such appli- 
cation has been ratified by the town. Even the payment of a 
town debt with money hired without authority will not be suffi- 
cient to charge the town, unless the town has ratified the pay- 
ment. 81 Me. 344. k 



CHAPTER IV. 



ANNUAL TOWN MEETINGS. 



In every town where the selectmen are not the assessors, the 
assessors, on or before the first day of August in each year, in 
which an election of governor, senators and representatives is 
held, shall prepare a list of the persons whom they judge to be 
constitutionally qualified to vote therein at such election and 



18 TOWN MEETINGS. 

deliver it to the selectmen. The selectmen of every town, on or 
before the eleventh day of August in such year, shall prepare a 
corrected list of persons so qualified. R. S. c. 5, §§ 34 and 35. 

For lists for annual meetings, see Lists of Voters, post. 
For provisions regarding correction of lists, etc., see Elections, 
post. 

Form of Warrant for Calling Annual Meeting for Town Purposes. 

State of Maine. 
[Name of county], ss. 
To W. S., a constable in the town of , in said county, 

GREETING-. 

In the name of the State of Maine, you are hereby required to notify and 

warn the inhabitants of the said town of , qualified by law to vote in 

town affairs, to assemble at , in said town, on the day of , 19 — , 

at o'clock in the noon, to act on the following articles, to wit: 

First, to choose a moderator to preside at said meeting. 

Second, to choose all necessary town officers for the year ensuing. 

Third, to see if the town will grant and raise such sums of money as may 
be necessary for the maintenance and support of schools and the poor, and 
repair of roads and bridges, and to defray all other town charges for the 
ensuing year. 

The selectmen give notice that they shall be in session for the purpose of 

revising and correcting the list of voters, at , at o'clock in the 

noon, on the day of said meeting. 

Given under our hands, at , this day of , A. D. 19 — . 

A. B., 

C. D., } Selectmen of 



E. F., 
Form of the Constable's Return. 

, , , A. D. 19 — . Pursuant to the within warrant to me directed, 

I have notified and warned the inhabitants of said town, qualified as there- 
in expressed, to assemble at said time and place, and for the purposes there- 
in named, by posting up an attested copy of said warrant, at , in said 

town, being a public and conspicuous place in said town, on the day of 

, being seven days before the meeting. 

W. S., Constable of . 



Annual town meetings shall be held in March and the voters 
shall then choose by a major vote, a clerk, three, five or seven 
inhabitants of the town to be selectmen and overseers of the 
poor, when other overseers are not chosen, three or more 
assessors, two or more fence viewers, treasurer, surveyors of 
lumber, sealers of leather, measurers of wood and bark, con- 
stables, collectors of taxes and other usual town officers ; and 
if one-third of the voters present are in favor thereof, they shall 



TOWN MEETINGS. 19 

choose, by a major vote, one auditor of accounts, all of whom 
shall be sworn. Treasurers and collectors of towns shall not be 
selectmen or assessors, until the} r have completed their duties as 
treasurers and collectors and had a final settlement with the town. 
Provided, however, any town electing three selectmen, three 
overseers of the poor and three assessors, if they shall vote so to 
do, may elect one member of each of the above named boards for 
one year, one for two years and one for three years, and at each 
annual meeting thereafter one member of each of the said boards 
shall be elected for a term of three years ; towns electing more 
than three selectmen, three overseers of the poor and three 
assessors, may by vote determine how many of each of said 
boards shall be elected annually and the tenure of their officers. 
The treasurer and collector of taxes of cities and towns may be 
one and the same person. R. S. c. 4, § 12. 

Moderator, town clerk, selectmen, assessors and overseers of 
the poor, treasurer, auditor, school committee, town agent and 
road commissioners shall be elected by ballot, and the other said 
officials by ballot, or if not so elected, they shall be appointed by 
the selectmen. The town agent shall act under the direction 
of the selectmen, and shall receive from the treasury of the 
town such compensation for his services as may be fixed by vote 
of the town ; otherwise, as the selectmen shall allow. R. S. c. 4, 
§14. 

Form of Appointment by Selectmen. 

Selectmen's Office. 

Town of . , A. D. 19 — . 

To , of , in the county of and State of Maine : 

The town of at its last annual meeting having failed to elect , we 

do in accordance with the provisions of the laws of the State of Maine, 
hereby appoint you as a within and for the town of for the en- 
suing year. 

Given under our hands this day of , 19 — . 

, > Selectmen of . 

State of Maine. 

County of , ss. , 19 — . 

Personally appeared the above named , who has been duly appointed 

by the selectmen as a in said town, and took the oath necessary to 

qualify him to discharge said duties for the ensuing year, according to law. 
Before me, 

, Justice of the Peace [or Town Clerk]. 



20 TOWN MEETINGS. 

This certificate and oath must be recorded by the town clerk. 

Each town at its annual meeting may elect and all towns 
with over sixty-five hundred inhabitants shall elect by major 
vote a road commissioner, who shall hold his office for the term 
of one year from the date of his election. Any town may, at 
its option, elect not more than three commissioners, whose 
powers and duties shall be the same as prescribed for a single 
commissioner. No person shall, at the same time, hold the 
office of road commissioner and selectman. R. S. c. 4, § 13. 

If a person elected as road commissioner fails to qualify be- 
fore the first Monday of April, the office shall be deemed 
vacant, and shall be filled by the selectmen by appointment; 
and in the event of a vacancy caused by death or otherwise, 
the selectmen shall appoint some competent person to serve as 
road commissioner until the next annual meeting, who shall 
qualify and perform the duties of said office. If a town fails 
to elect a road commissioner at its annual meeting, the money 
raised and assessed for the repair of bridges and ways as provided 
by section seventy of chapter twenty-three shall be expended for 
that purpose by the selectmen ; if after the choice of any officer 
not required to be chosen by ballot, there is a vacancy in any 
such office, the municipal officers may fill such vacancies by the 
written appointment of proper persons, who shall be summoned 
by the constable to appear and take the oath of office provided 
in section twenty-five subject to the penalties provided in sec- 
tion twenty-six of chapter four of revised statutes. Such 
appointment and oath shall be recorded as in case of a choice by 
the town. No person shall be so appointed without his consent. 
R. S. c. 4, § 15. 

During the election of moderator, the clerk shall preside ; 
when he is absent from such meeting, either of the selectmen or 
of the assessors, and if neither of those is present, any constable 
may do all the duties of clerk in receiving and counting the 
votes for moderator. The moderator may call on the voters to 
give in their ballots for a clerk pro tempore, who shall be sworn 
by the moderator, or a justice of the peace. R. S. c. 4, § 16. 

The town clerk, before entering on the duties of his office, 
shall be sworn before the moderator, or a justice of the peace, 
truly to record all votes passed in that and other town meet- 
ings during the ensuing year and until another clerk is chosen 
and sworn in his stead, and faithfully to discharge all the other 
duties of his office. lb. § 17. 



TOWN MEETINGS. 21 

The clerk of any town may appoint a citizen thereof his 
deputy, who may in the clerk's absence, perform all the duties 
of said office with the same effect as if done by the clerk. 

Form of Appointment. 

I [or we, if by municipal officers,] hereby appoint to perform the 

duties of town clerk [or during the clerk's absence from his office or until a 
clerk is elected] as set forth in section eighteen, chapter four of the Revised 

Statutes, in the town of , during my absence from the clerk's office. 

, Clerk [or municipal officers] of the town of . 

Said deputy, or person appointed by the municipal officers, 
shall be sworn faithfully to perform the duties of his office be- 
fore he enters thereon. 

The clerk may also appoint a woman, otherwise qualified by 
the constitution, who in his absence may so far act as deputy 
clerk as to receive and record chattel mortgages and other 
papers, and make certified copies of the records in the clerk's 
office. R. S. c. 4, § 18. 

Every person notified [in accordance with R. S. c. 4, § 25] 
that he has been elected to office, and who neglects to take the 
oath of office within seven days, except officers for whose 
neglect a different penalty is provided, forfeits five dollars, 
two-thirds to the town and one-third to the prosecutor. R. S. 
c. 4, § 26. Held, to apply to offices of no profit. 1 Me. 249. 

Where statute requires that certain town officers shall be 
freeholders, choice of a person who is not a freeholder is merely 
void. 29 Me. 531. 

Improper to sell office of constable at auction or otherwise. 
11 Me. 307. 

Towns and cities may choose by ballot, park commissioners, 
to hold office one, two and three years respectively, and after 
the first year choose annually a commissioner for three years in 
place of one whose terra expires ; they shall have the care and 
superintendence of the public parks and direct the expenditures 
of all moneys appropriated for the improvement of the same. 
R. S. c. 4, § 88. 



22 MODERATOR POWERS AND DUTIES OE. 



CHAPTER V. 



MODERATOR— POWERS AND DUTIES OF. 

At every town meeting a moderator shall be first chosen, and 
sworn by a justice of the peace, or by the person presiding at 
the meeting when he is chosen. Said moderator shall regulate 
the business of the meeting ; and when a vote declared by him 
is, immediately after such declaration, questioned by seven or 
more, he shall make the vote certain by polling the voters, or in 
such other way as the meeting directs. R. S. c. 4, § 29. 

The moderator shall be elected by ballot. R. S. c. 4, § 14. 

During the election of moderator the clerk shall preside ; when 
he is absent from any such meeting, either of the selectmen or of 
the assessors, and if neither of those is present, any constable 
may do all the duties of clerk in receiving and counting the 
votes for moderator. The moderator may call on the voters to 
give in their ballots for a clerk pro tempore, who shall be sworn 
by the moderator, or by a justice of the peace. R. S. c. 4, § 16. 

The record of the meeting should show that the moderator 
was sworn according to law. If the record is silent on the sub- 
ject, parole evidence that the moderator was sworn, should be of 
a direct and positive character. &6 Me. 390. 

Oath of Moderator. 

You, A. B., having been chosen moderator of this meeting, do solemnly 
swear that you will faithfully and impartially discharge all the duties of 
said office. So help you God. 

By "polling the voters" is understood any mode of counting 
the polls or heads, so as to make the count certain. 

Several modes of "polling the voters" are in common use. 
The moderator may call each name on the check list, and the 
voter immediately makes answer to the moderator how he wishes 
to vote on the question then pending before the meeting. The 
moderator denotes the answer. When all the names have been 
called, the moderator counts those voting for and those voting 
against the question, and declares the result. 



MODERATOR — POWERS AND DUTIES OF. 23 

He may poll the voters by dividing the meeting, in which case 
the moderator directs those voters who are in favor of the pend- 
ing question to go by themselves on one side of the house, and 
those who are opposed to it to go by themselves on the other 
side of the house. Each side is then counted and the result 
declared. 

No appeal lies from the decision of the moderator on a ques- 
tion of order. Notwithstanding the statute does not recognize 
the right of appeal, the moderator may, if he see fit so to do, sub- 
mit the question of order to the meeting. 

The method of transacting business in town meeting is not 
governed by any fixed provisions of statute, nor does the validity 
of the vote depend upon the observance or non-observance of 
parliamentary law. It is prudent, however, to follow well-estab- 
lished forms and rules of procedure. Town meetings, like all 
other deliberative bodies, may adopt rules for the ordering of 
business, and these rules may be set aside, waived or changed. 
The all-essential thing is to get at the will of the majority of the 
voters upon such subject-matters as are properly before the 
meeting. 110 Mass. 433 ; 127 Mass. 408. 

No person shall speak in meeting before leave is obtained of 
the moderator, nor when any other person is speaking ; and all 
shall be silent at the command of the moderator, or forfeit to the 
town one dollar for every breach of such order. R. S. c. 4, § 30. 

If any person, after notice from the moderator, persists in dis- 
orderly conduct, the moderator may direct him to withdraw from 
the meeting ; and by his refusal he forfeits three dollars to the 
town ; and the moderator may cause him to be removed from the 
meeting by a constable, and detained in confinement for three 
hours, unless the meeting is sooner dissolved or adjourned. lb. § 
31. 

Disorderly behavior in town meetings is a misdemeanor at 
common law, and punishable by indictment. 16 Mass. 384. 

Town meetings for the choice of governor, senators, and rep- 
resentatives, shall be as the constitution directs ; and the fore- 
going sections are not applicable to them. R. S. c. 4, § 32. 

Conversation by the moderator and others in town meeting, 
relative to a subject legally under its consideration, cannot be 
proved as evidence against the town. 30 Me. 157. 

Liable for refusing to receive legal vote. 7 Me. 411 and note. 
See also Proceedings at Elections. 



24 MODERATOR POWERS AND DUTIES OF. 

Inhabitants of a town who are authorized to vote in town 
affairs, have a right to adjourn town meetings from time to time 
and from place to place as they may think proper. Immemorial 
usage has sanctioned such right, and it may properly be exercised, 
unless prohibited by some statute. It is not necessary that the 
record should state any reason for the adjournment. The voters 
assembled are the sole judges of that. 48 Me. 444. 

At a town meeting a person was chosen moderator without 
the use of the check list as required under the laws of Massa- 
chusetts ; persons were voted for as selectmen, declared elected 
and sworn ; other business was done ; it was voted to adjourn 
for a week and the moderator declared the meeting adjourned. 
At the adjourned meeting it was voted that, as the omission of 
the check list had rendered the election of the moderator of 
doubtful legality, a moderator should be chosen ; a new moder- 
ator was accordingly elected with the check list ; and the meet- 
ing then chose other persons as selectmen. Held, on informa- 
tion in the nature of a quo warranto against the persons chosen 
selectmen at the first meeting, that they were not entitled to the 
office. Ill Mass. 256. 



CHAPTER VI. 



OATHS OF TOWN OFFICERS. 
Form of Oath to be Administered to the Moderator. 

You, , having been chosen moderator of this meeting, do solemnly 

swear that you will faithfully and impartially discharge all the duties of 
said office. So help you, God. 

Form of Oath of Town Clerk. 

You, , having been elected town clerk of the town of , do swear 

that you will truly record all votes passed in this or any other town meet- 
ings which may be held in this town during the ensuing year, and until 
another clerk shall be chosen and sworn in your stead, and also that you 
will faithfully discharge all the other duties of said office. So help you, 
God. 

The town clerk or any two of the selectmen shall forthwith 
make out a list of the names of all persons chosen into office, of 



OATHS OF TOWN OFFICERS. 25 

whom an oath is required by law, and deliver it to a constable 
with a warrant to him directed, and he shall, within three days 
thereafter, summon each person therein named to appear before 
the town clerk, within seven days from the time of notice, to 
take such oath of office ; and, at the end of ten days after receiv- 
ing his warrant, the constable shall return it, or forfeit six dollars 
to the town ; and the town shall allow him a reasonable compen- 
sation for his services. R. S. c. 4, § 25. 

TTorm of Warrant to Notify Officers to Take the Oath. 

To , a constable of the town of . 

The following is a list of persons who were this day chosen into office, at 

a meeting of the inhabitants of the town of , and of whom an oath is by 

law required, and the offices to which they were respectively chosen, to wit: 
A. B., C. D., Constables. 
E. F., G. H., Fire Wards. 
&c, &c. 
You are hereby required, in the name of the State of Maine, within three 
days from the date hereof, to summon each of the persons therein named to 
appear before the town clerk within seven days from the time you shall 
give such notice, and take the oath of office by law required. 

Hereof fail not, and make due return of this warrant, and of your doings 
thereon, to me, within ten days from the date hereof. 

Given under my hand this day of , A. D. 19 — . 

W. A., Town Clerk of . 

3Torm of Return by a Constable. 

March , 19 — . Agreeably to the within warrant, I have notified the 

persons therein named to appear and take the oath of office, as herein 
directed. 

A. B., Constable of . 

Every person so notified, neglecting to take such oath within 
said seven days, except officers for whose neglect a different 
penalty is provided, forfeits five dollars, two-thirds to the town, 
and one-third to the prosecutor. R. S. c. 4, § 26. 

Any town or parish officer may be sworn by the moderator in 
open town meeting, town or parish clerk, or by any person 
authorized by law, who shall give to the officer sworn, except 
when sworn in presence of such clerk, a certificate of the oath 
administered, which he shall return to such clerk to be filed. In 
either case the clerk shall record the name of the officer and of 
his office, by whom sworn, and the time of taking the oath and 
returning the certificate. Any town, school district, parish or 
corporation clerk elected to any office and sworn, may record his 



26 OATHS OF TOWN OFFICERS. 

own election, the fact that be was sworn, and when and by 
whom. The record herein required shall be sufficient evidence- 
that such officer was sworn. If any officer fails to return such 
certificates or any clerk to record such oath within ten days, he 
forfeits five dollars. lb. § 27. 

Form of Oath of Town Officers. 

You, , having been duly elected of the town of , do swear 

that you will faithfully and impartially perform the duties assigned you by 
law. So help you, God. 

The moderator must be sworn, or the meeting is illegal. 
Moderator may be sworn by a justice of the peace or by the per- 
son presiding at the meeting when he is chosen. R. S. c. 4, § 
29. See title Moderator. As to other officers see provisions 
relating to them under appropriate titles. 

The time specified for taking the oath is directory. 

These forms are applicable to wardens and clerks of wards in 
cities, merely varying the phraseology to conform to the facts. 

The certificate of the oath of office should state the day on 
which it was administered, and should be signed by the person 
who administered the oath. 

Certificate of Oath. 

State of Maine. 

County of , ss. , 19 — . 

Personally appeared , who, having been elected of the town of 

, made oath that he would faithfully and impartially perform the duties 

of said office according to the constitution and laws of the State of Maine~ 
Before me, 

, Justice of the Peace. 



CHAPTER VII. 



BY-LAWS AND ORDINANCES. 

(Power to Pass.) 

Towns, cities and village corporations may make by-laws or 
ordinances, not inconsistent with law, and enforce them by suit- 
able penalties, for the purposes and with the limitations follow- 
ing. R. S. c. 4, § 93. 



BY-LAWS AND ORDINANCES. 27 

First, For managing the prudential affairs, with penalties not 
exceeding five dollars for one offense, subject to the approval of 
the county commissioners, or a judge of the supreme judicial 
court. 

("Prudential affairs*' embraces that large class of miscellaneous 
subjects affecting the accommodation and convenience of the 
inhabitants which have been placed under the municipal juris- 
diction of towns, by statute or by usage, such as public hay 
scales, burying grounds, wells and reservoirs, public clocks, etc» 
93 Me. 73; 12 Pick. 231.) 

Second. For establishing police regulations for the prevention 
of crime, protection of property, and preservation of good order, 
and to regulate the use and manner of use of bicycles in the 
street in the night time. 

(Under this section any reasonable provision for the health, 
security, comfort and protection of citizens may be adopted.) 

Third. Respecting infectious diseases and health. 

Fourth. For regulating the going at large of dogs. (See 
laws relating to protection of sheep.) 

Fifth. Respecting the measure and sale of wood, bark, and 
coal brought to market, and teams coming therewith. 

Sixth. For setting off portions of their streets for sidewalks, 
keeping them clear of snow and other obstructions, regulating 
the use thereof, and for planting and preserving trees by the side 
thereof, and for the proper protection and care of public parks 
and squares within the same and all monuments, statues and 
erections thereon. 

Seventh. Respecting the location and protection of monu- 
ments, boundary-stones, curb-stones, stepping-stones or horse- 
blocks, trees, lamp-posts, posts, and hydrants, and all other things 
placed within the limits of their roads, ways and streets, by 
municipal purposes ; and no such objects placed as aforesaid, if 
located in accordance with such by-laws and ordinances, shall be 
deemed defects in such road, way or street. 

Eighth. Respecting the erection of buildings therein, and 
defining their proportions, dimensions and the material to be 
used in the construction thereof, and any building erected con- 
trary to a by-law or ordinance adopted under this specification is 
a nuisance. 

Ninth. For the regulation of all vehicles used therein, by 
establishing the rates of fare, routes and places of standing, and 



28 BY-LAWS AND ORDINANCES. 

in any other respect ; but by-laws and ordinances for this pur- 
pose shall be published one week at least before they take effect, 
in some newspaper printed therein, or if there is no newspaper 
printed therein, such by-laws and ordinances shall be posted at 
least one week before they take effect, in two public and con- 
spicuous places therein, and published once in some newspaper 
printed in the county in which said town, is situated ; and penal- 
ties for their breach shall not exceed twenty dollars for one 
offense, to be recovered by complaint to the use of such city, 
town or corporation. 

Tenth. For protection of persons against injury from the slid- 
ing of snow and ice from roofs of buildings ; but the municipal 
authorities shall notify the owners of the buildings of by-laws or 
ordinances adopted under this specification, and if such owners 
do not comply with them in thirty days after notice, they shall 
be liable for all injury sustained by any person in consequence 
thereof ; and said authorities, at the expense of their cities, towns 
or corporations, may place the required guards or other obstruc- 
tions on the roofs of such buildings, and the reasonable charges 
therefor may be recovered of such owners. 

Eleventh. Cities may establish localities for, and regulate the 
sale of fresh meat and fish therein, and fix penalties for breach 
thereof. 

Twelfth. Cities and all towns of more than five thousand 
inhabitants may establish and adopt by-laws and ordinances 
regulating the purchase and sale of articles usually bought of old 
junk dealers and dealers in second-hand articles, and the pawn- 
ing of articles with pawnbrokers, and may therein prescribe con- 
ditions to be observed by buyers and sellers, pawners and pawn- 
brokers, to prevent or detect the sale or purchase of stolen goods ; 
and suitable penalties may be prescribed in such by-laws and 
ordinances. 

Municipal ordinances are in derogation of the common law and 
must be strictly construed. They cannot be enlarged by impli- 
cation. 102 Me. 272. 



TOWNS — POWERS AND RIGHTS. 29 



CHAPTER VIII. 



TOWN-POWERS AND RIGHTS. 

In the construction of statutes the word "town" includes cities 
and plantations, unless otherwise expressed or implied. R. S. c 
1, § 6, par. 19. 

By article twenty-two of the amendments to the constitution of 
Maine, it is provided that u no city or town shall hereafter create 
any debt or liability, which singly, or in the aggregate with pre- 
vious debts or liabilities shall exceed five per centum of the last 
regular valuation of said city or town ; provided, however, that 
the adoption of this article shall not be construed as applying to 
any fund received in trust by said city or town, nor to any loan 
for the purpose of renewing existing loans or for war, or to tem- 
porary loans to be paid out of money raised by taxation, during 
the year in which they are made." 

"No city or town shall hereafter create any debt or liability," 
is held that assuming obligations of government laid upon it by 
law it does not "create" indebtedness. The provision, it is said, 
"only applies to debts and liabilities which a city, in its corpo- 
rate character, and as an artificial person, voluntarily creates." 
17 Oregon, 453. 

The town's own valuation, and not that made by the state 
board of commissioners, is the test by which to ascertain the 
amount of indebtedness which settles the constitutional limit. 
92 Me. 292. 

The court expresses a willingness, in a proper case, to adopt 
the rule adopted by many authorities, which allows a municipal 
corporation, although its indebtedness has reached the constitu- 
tional limit, to make time contracts, in order to provide for cer- 
tain municipal wants which involve only the ordinary current 
expenses of municipal administration, provided there is to be no 
payment or liability until the services be furnished, and then to 
be met by annual appropriations and levy of taxes ; so that each 
year's services shall be paid for by each year's taxes. 92 Me. 
292. 



30 TOWNS — POWERS AND EIGHTS. 

"Last regular valuation" means that of city assessors. 92 Me. 
297. 

Bonded and floating indebtedness is prohibited. 92 Me. 297. 

The constitution forbids implied as well as expressed indebt- 
edness. 92 Me. 297. 

The manner in which the indebtedness is created is immaterial 
for the result is to subject the city to a present liability, direct 
or indirect, which the tax-payers eventually will be called upon 
to meet. 179 Mass. 332. 

Purchase of land to be paid for on instalment plan, title not to 
pass until fully paid for, is within the inhibition. 179 Mass. 
322; 92 Me. 303. 

A town has a right to hire money to refund the debt which it 
owed in 1878, when the amendment to the constitution limiting 
municipal indebtedness took effect, even if this debt was then in 
excess of the five per cent, limit. In such cases a town cannot 
constitutionally create a new or additional debt while the former 
debt remains unpaid, to the extent of the debt limit, nor can it 
hire money to pay a debt thus unlawfully created. If a town, 
however, does create unconstitutionally such an additional debt, 
and hires money to pay both classes of debt, indiscriminately the 
taint of the unlawful part permeates the whole loan, and makes 
it uncollectible. When a town's debt is in part lawful and in 
part unlawful by reason of its being in excess of the constitu- 
tional debt limit, a vote to issue bonds "to fund the town debt" 
applies to the unlawful part of the debt as well as to the lawful 
part. And bonds issued in pursuance of such a vote, are wholly 
invalid and uncollectible. The increase of a town debt, due to 
the accretions of unpaid interest, on existing unlawful indebted- 
ness, is not the creation of a new debt, within the meaning of 
the constitution. 105 Me. 517. 

A temporary loan in contemplation of article twenty-two of the 
amended constitution, is one made for a temporary purpose to 
be paid during the municipal year in which it is made, for taxes 
assessed and collected within the same year. And if such loan 
although temporary in its inception, or any part thereof, is carried 
over, in any form, into the next municipal year, it then loses its 
temporary character and becomes a debt or liability of the city 
within the inhibition of the aforesaid article of the amended 
constitution. 100 Me. 30. 

Unlike a statute which applies only to a liability created for a 



TOWNS — POWERS AND EIGHTS. 31 

"purpose not authorized by law," the constitutional amendment 
-applies with equal force against a liability whether created for a 
legal or illegal purpose. It makes no distinction whatever in 
this respect. The court is clothed with ample jurisdiction to 
prevent it, whether the debt or liability, which is calculated to 
violate the constitutional probibition, is created for a legal or 
illegal purpose. The purpose for which the debt incurred or 
contemplated is immaterial, if it exceeds the five per cent, limita- 
tion specified in the amendment. 100 Me. 30. 

A town may possess two classes of powers and rights, public 
and private. In all its private relations it maintains the charac- 
ter of an individual. In its public capacity it is merely an agent 
of the state and subject to its control. While a town cannot 
raise money by taxation for the purchase of property for any 
purpose other than a municipal purpose, yet it may lawfully 
own, control and manage such property disconnected from any 
public use and for its own emolument, profit and advantage; and, 
in the absence of prohibiting statutes, it may receive and hold in 
its corporate capacity gifts of either real or personal estate. But 
if the town holds such property for its profit or gain, it is liable 
for negligence in the management thereof to the same extent that 
a, business corporation or an individual would be. 105 Me. 517. 

A town in this state has two distinct functions, one as a cor- 
poration for the particular benefit of its inhabitants, the other as 
a governmental agency for the general benefit of the public. 99 
Me. 179. 



CHAPTER IX, 



TOWNS— MONEY POWERS, MAY RAISE MONEY FOR 
CERTAIN PURPOSES. 

The voters, at a legal town meeting, may raise the necessary 
sums for the support of schools and the poor ; making and re- 
pairing highways, town ways and bridges ; purchasing and fenc- 
ing burying grounds ; maintaining private burying grounds 
established before eighteen hundred and eighty ; purchasing or 
building and repairing a hearse and hearse house for the exelu- 



32 TOWNS — MONEY POWERS, ETC. 

sive use of its citizens; and for other necessary town charges- 
R. S. c. 4, § 71. 

"Raise" means by taxation and not by borrowing. 119 N. Y. 
280; 98 Mich. 140 ; 103 Mich. 301. 

Towns cannot borrow money and issue notes of a commercial 
character for the execution of their ordinary business, unless ex- 
pressly or impliedly authorized by statute. 70 Me. 262. 

A town cannot assess or borrow money except for purposes 
strictly within the line of its duty. It can effectually act even 
in such cases, only in legal town meeting, called, notified and 
held in the manner prescribed by law. The particular subject- 
matter, upon which action is called for must be distinctly specified 
in the notice. If any prescribed step is omitted, the inhabitants 
and hence the town itself are not bound by the result. Whoever 
deals with a town or its officers must bear in mind these bulwarks 
about the property of the inhabitants of the town, and make sure 
beforehand, not only that the proposed contract is clearly within 
the legal powers of the town, but also that such power is exer- 
cised in the legal mode. 91 Me. 370* 

That a town, in the absence of statute or constitutional re- 
striction, has power to borrow money for a legal town purpose 
and within the limits of that purpose, without special statute 
authority, is now conceded. If money is needed for the perform- 
ance of a town duty and the state has not commanded an assess- 
ment of taxes for it, the majority of the inhabitants of a town 
acting in a legal town meeting under a sufficient warrant can 
bind all the inhabitants in determining to borrow part, and even 
all of the money rather than raise it at once from taxes. But 
this power of a town to borrow money is strictly limited to money 
necessary for the discharge of its legal liabilities. It is limited 
in amount as well as in purpose, and it must be exercised by the 
town in town meeting upon proper warrant, and by vote either 
authorizing the act of borrowing beforehand, or afterward rati- 
fying the prior act. It is not enough that the money was paid 
to some town officer and by him used in discharging some legal 
duty or liability of the town. A highway surveyor cannot bor- 
row money, and expend it on the roads within his jurisdiction, 
and thereby bind the town to repay the money. There must be 
legal action in legal town meeting before the town becomes 
legally liable. Such is now the established law in this state. 
Such is also the law in Massachusetts whence we derived our 
town system. 91 Me. 371. 



TOWNS MONEY POWERS, ETC. 33 

The "necessary charges" arising within any town include ex- 
penses in conducting its municipal business ; as the payment of 
town officers ; the support or defense of actions in which towns 
are parties ; the erection and maintenance of guideboards, the 
erection of townhouses, market houses, and workhouses ; the 
maintenance of watch and ward ; equipment of poor soldiers, and 
the discharge of duties imposed on towns by the militia law ; the 
purchase of standard weights and measures ; the maintenance of 
pounds and public clocks ; the indemnification of owners of build- 
ings destroyed to stop fire ; and all expenditures required by law. 
When the laws impose upon towns any duty, the means required 
for the discharge of that duty would be a "necessary charge." 

The phrase "other necessary town charges" is construed in 
Stetson v. Kempton, 13 Mass. 278, as follows : "That, in addition 
to the money to be raised for the poor, schools, etc., towns might 
raise such sums as should be necessary to meet the ordinary ex- 
penses of the year ; such as the payment of such town officers as 
they should be obliged to employ, the support and defence of 
such actions as they might be parties to, and the expenses they 
would incur in performing such duties as the laws imposed ; as 
the erection of powder houses, providing ammunition, making 
and repairing highways and town roads, and other things of a 
like nature ; which are necessary charges, because the effect of a 
legal discharge of their corporate duty. The erection of public 
buildings for the accommodation of the inhabitants, such as town- 
houses to assemble in, and market houses for the sale of provis- 
ions, may also be a proper town charge, and may come within 
the fair meaning of the term 'necessary' ; for these may be 
essential to the comfort and convenience of the citizens. But it 
cannot be supposed that the building of a theatre, a circus, or 
any other place of mere amusement, at the expense of the town, 
could be justified under the term 'necessary town charges.' Nor 
could the inhabitants (in the absence of statutory authorit}^) be 
lawfully taxed for the purpose of raising a statue or a monument, 
these being matters of taste, and not of necessity." 63 Me. 237 : 
196 Mass. 224. 

"The words 'other necessary town charges,' do not constitute 
a new and distinct grant of indefinite and unlimited power to 
raise money for any purpose whatsoever, at the will and pleasure 
of a majority. They only embrace all the incidental expenses 
arising directly or indirectly in the due and legitimate exercise 



34 TOWNS — MONEY POWERS, ETC. 

of the various powers conferred by the statute." 52 Me. 598 ; 
51 Me. 176. 

The words "and for other necessary town charges," authorize 
towns to employ a reasonable number of agents or attorneys to 
advance or protect the rights of the former, before any legally 
constituted tribunal ; they do not authorize a town to raise and 
expend money to send lobbyists to the legislature. 54 Me. 250. 

The inhabitants of a town, against whom a warrant of dis- 
tress has issued, are authorized to raise money, with which to 
satisfy the same, either by loan or assessment; and if by assess- 
ment, either at once, or by installments. 20 Me. 178. 

In the absence of express authority, the inhabitants of a town 
cannot be legally assessed to pay a reward offered by the vote 
of the town for the apprehension and conviction of a person 
who has committed a murder in such town. 51 Me. 174. 

The legislature has by special acts conferred upon many of 
the cities in this state authority to offer rewards for the 
prevention of crimes and detection of criminals. 

A town has authority to provide for the support of a public 
clock, and to assess the expense thereof upon the inhabitants of 
the town. 12 Pick. 227. 

Cities and towns may raise money to procure the writing and 
publication of their histories, to celebrate any centennial or 
other anniversary of the settlement or incorporation of such city 
or town, and to publish the proceedings of any such celebration, 
to defray the expenses of the observance of memorial day and of 
old home week, and a sum not exceeding five thousand dollars 
in any one town for erecting a suitable monument in memory 
of the soldiers who sacrificed their lives in defense of their 
country in the war of eighteen hundred and sixty-one, and a 
reasonable sum to secure, grade and care for a lot appropriate 
for such a monument. R. S. c. 4, § 72. 

Towns shall annually raise money to be expended on town 
ways and highways, and for the repair of bridges, and the 
same shall be assessed and collected, as other town taxes, and 
expended for said purposes, by a road commissioner or com- 
missioners, or by the selectmen as each town may determine. 
R. S. c. 23, § 70. 

Towns derive all their power to raise money for taxation by 
the statute. A vote to raise money not authorized by the 
statute is illegal. 14 Me. 375 ; 23 Pick. 71. 



TOWNS — MONEY POWERS, ETC. 35 

Towns shall relieve persons having a settlement therein, 
when, on account of poverty, they need relief. They may raise 
money therefor as for other town charges ; and may at their 
annual meeting choose not exceeding seven legal voters therein 
to be overseers of the poor. R. S. c. 27, § 11. 

Any town or city which has a funded indebtedness may create 
a sinking fund for the payment and redemption of such indebt- 
edness, may raise money by taxation for such purpose, and may 
purchase its own bonds as well as other securities, and place 
them in such sinking fund. R. S. c. 4, § 73. 

Such sinking fund shall be used for no other purposes than 
those provided for in the preceding section, and any town officer 
who shall use or appropriate the moneys or securities which 
compose such sinking fund in any other manner or for any other 
purpose than as above provided, shall be punished by fine not 
exceeding two thousand dollars or by imprisonment for not 
more than two years. R. S. c. 4, § 74. 

Upon the division of any town, the old corporation shall retain 
all the property, rights, and privileges, and remain subject to all 
its obligations and duties, unless the act for the same makes 
some new provision. 4 Mass. 384; 54 Me. 251; 45 Me. 133. 

Cities and towns may issue and negotiate their notes, bonds 
or scrip for refunding or paying, in whole or part, any indebted- 
ness thereof, which has or may hereafter become due. R. S. c. 
4, § 75. 

A town has power to settle a disputed claim against it 
provided it is done in good faith and in the exercise of sound 
discretion. 64 Me. 229. 

A town is liable to be summoned as a trustee. 62 Me. 256. 

A town may release a debt as well as contract one, by a vote 
of the majority of the voters at a regularly called meeting. 8 
Me. 334. 

A town has no right to give away money collected of the 
inhabitants by taxation. 14 Me. 375. 

A claim against a town cannot be supported and enforced 
solely upon the general principles of equity and good conscience 
applied to individuals and corporations. A town is never 
estopped from invoking the defense of ultra vires. 91 Me. 371. 

A town in its corporate capacity will not be bound, even by 
an express vote of a majority, to the performance of contracts or 



36 TOWNS MONEY POWERS, ETC. 

other legal duties not coming within the scope of the objects 
and purpose for which it is incorporated. 77 Me. 400. 

A town may expressly indemnify its officers against liabilities, 
and expenses of defending suits thereon, if incurred in the bona 
fide discharge of their official duties, as in case of an assessor in 
the assessment of taxes. 7 Pick. 18 ; or of a surveyor in 
repairing a highway. 18 Pick. 568 ; or of a school committee 
in defending an action for an alleged seizure and asportation of 
certain school registers. 3 Cush. 530 ; or of a school committee 
for expenses in successfully defending an action for libel alleged 
to be contained in an official report made by them in good faith. 
11 Gray 340 ; or of a collector of taxes for costs and expenses in 
defending actions against him for acts done in the bona fide 
performance of his official duties. 12 N. H. 278. 

A town may make a contract to allow a dramatic company 
the free use of its town hall for the period of six years, when 
not wanted for town business, in consideration that the company 
will make certain additions and alterations to the hall at its 
own expense. 66 Me. 585. 

The vote of a town to exempt from taxation taxable property 
therein, is void ; nor does the constitution permit the legislature 
to delegate such power to a town. 62 Me. 92; 62 Me. 451. 

Towns can act only in their corporate capacity when em- 
powered, and to exercise authority conferred upon a town by 
the legislature, the action of the town must, in point of time, 
succeed the date of authority. Before a town can take such 
action, a meeting called for the purpose is essential, followed by 
a vote expressing its will to do so. 69 Me. 53. 

The legislature may ratify acts of a town. lb. 

Municipal corporations may contract for a supply of water, 
gas and electric light for municipal uses for a term of years 
upon such terms as may be mutually agreed, from time to time 
renew the same, and raise money therefor. All such contracts 
made prior to April twenty-eight, nineteen hundred and three, 
are confirmed and made valid. R. S. c. 4, § 76. 

The past acts of towns, in offering, paying and contracting to 
pay, and in raising and providing means to pay expenses for 
recruiting for their several quotas, or bounties to or for volun- 
teers, drafted men or substitutes of drafted men, or enrolled 
men, mustered into or enlisted for the military or naval service of 
the United States, are valid, provided, that such acts have been 



TOWNS MONEY POWERS, ETC. 37 

done at meetings legally called and held in pursuance of war- 
rants therefor, setting forth the purposes upon which such acts 
were based. All taxes assessed, contracts made, and notes and 
orders given by municipal officers in pursuance of votes passed 
at such meetings, are valid. R. S. c. 4, § 77 ; 51 Me. 610 ; 52 
Me. 596 ; 53 Me. 450, 576 ; 56 Me. 202, 451 ; 59 Me. 316-17, 
548 ; 60 Me. 122 ; 69 Me. 41, 55 ; 75 Me. 74. 

Contracts made in pursuance of votes, passed at such meet- 
ings, by such municipal officers, or their agents, with any 
volunteer, drafted man or substitute, or with third persons, or 
associations, for providing means to pay bounties to volunteers, 
drafted men or substitutes, are valid. R. S. c. 4, § 78; 59 Me. 
548 ; 60 Me. 122; 69 Me. 41, 56. 

Contracts heretofore made by such municipal officers, or by 
third persons, for any town, without previous authority, to pay 
bounties to or for volunteers, drafted men or substitutes, in or 
enlisted for the military or naval service of the United States, 
may be ratified by any town at a legal meeting, called and 
notified as provided in section seventy-seven. R. S. c. 4, § 79 ; 
55 Me. 14, 196 ; 69 Me. 55 ; 75 Me. 74. 

Whenever the municipal officers of any city or town are noti- 
fied in writing by the executors of any will, or by the trustees 
created by virtue of the terms thereof, that a devise or bequest 
in behalf of said city or town has been made upon conditions 
contained in said will, or by any individual, that he intends to 
make a conditional gift, in behalf of said city or town, the 
municipal officers of said city or town, shall, within sixty days 
after said notice to them, call a legal meeting of the inhabitants 
of said city or town qualified to vote upon city or town affairs ; 
provided, however, that in cities the acceptance of such devise, 
bequest or conditional gift may be by vote of the city council, 
instead of by the inhabitants at a special election, if the munici- 
pal officers so direct. The municipal officers shall give public 
notice in their warrants, of the objects of said meeting of the 
inhabitants, and such other notice as they may deem proper. 
At such meeting, the said inhabitants, or the city council at a 
regular meeting, or at a special meeting called for that purpose, 
shall vote upon the acceptance of said devise or bequest or con- 
ditional gift, and if a majority of the legal voters, or of the mem- 
bers of the city council, present, then and there vote to accept 
said devise or bequest or conditional gift, in accordance with 
the terms contained in said will, and upon the conditions made 



38 TOWNS MONEY POWEKS, ETC. 

by the testator or by said individual, said municipal officers of 
said city or town, shall forthwith notify said executors or 
trustees, or individual, in writing, of said acceptance by said 
city or town aforesaid, or the non-acceptance thereof. R. S. c. 
4, § 80. 

Whenever the executors or trustees, under any will have 
fully discharged their duties respecting the payment, delivery, 
or otherwise, of any devise or bequest to said city or town, or 
any such individual has made such contemplated conditional 
gift to said city or town, and said city or town has accepted 
said devise or bequest or conditional gift, in accordance with 
the conditions thereto attached, as set forth in the preceding 
section, then said city or town shall perpetually comply with, 
and strictly maintain and keep all the conditions and terms 
upon which said devise or bequest or conditional gift was made ; 
and any city or town so accepting said devise or bequest, or 
conditional gift and receiving the same, or enjoying the benefits 
therefrom, may raise money to carry into effect the require- 
ments and terms upon which said devise or bequest or condi- 
tional gift was so accepted and received. The provisions of 
this and the preceding section shall apply only to devises and 
bequests and gifts, devised and bequeathed or given to cities 
and towns for educational, benevolent and charitable purposes 
and objects, or for the care, protection, repair and improvement 
of cemeteries owned by said cities or towns, or of cemetery 
lots owned by individuals. R. S. c. 4, § 81. 

Any city or town ma}^ receive money by donation or legacy 
in trust for benevolent, religious or educational purposes, for 
the erection and maintenance of monuments, and for the benefit 
of public cemeteries and lots therein ; provided, that the city or 
town lawfully consents. R. S. c. 4, § 82. 85 Me. 132, 511. 

Interest shall be allowed if the fund is used by the city or 
town ; and any city or town may use the principal of any trust 
fund for municipal purposes, if the town, or the city council of 
the city, votes to so use it, at a meeting called after due notice, 
at a rate of interest less than six per cent., if the party creating 
the trust so provides, or by an agreement with the beneficiary, 
approved by a decree in equity of the supreme judicial court, 
or such city or town may procure a decree from the supreme 
judicial court sitting in equity, establishing the rate of interest 
that such city or town shall pay for the use of such fund, and 
the supreme judicial court is hereby given jurisdiction over the 



TOWNS — MONEY POWERS, ETC. 39 

question of suck use and rate of interest in such cases ; other- 
wise, it shall be placed at interest or income, the city or town 
being responsible for its security. R. S. c. 4, § 83. 

The city or town, by its officers or agents, shall apply the 
fund or its income in accordance with the written directions of 
the donor or testator, made known at the time when the fund 
was accepted. R. S. c. 4, § 84. 

If the city or town fails to apply the fund or its income at 
the times and for the purposes prescribed in said directions, it 
reverts to the donor, if living ; otherwise, to his heirs. R. S. c. 
4, § 85. 

Towns may raise by a two-thirds vote at their annual meeting, 
a sum not exceeding five hundred dollars, to be expended by 
the municipal officers thereof or by a commissioner elected by 
the towns for the propagation and protection of fish in public 
waters located wholly or partially within their respective limits. 
A report of the expenditures thereof shall be made at the next 
annual meeting by the officer or officers authorized to expend 
such appropriation. R. S. c. 4, § 86. 

Any city or town may establish and maintain, within its 
limits, a permanent wood, coal and fuel yard, for the purpose of 
selling, at cost, wood, coal and fuel to its inhabitants. The 
term "at cost," as used herein, shall be construed as meaning 
without financial profit. R. S. c. 4, § 87. 

The supreme court of Massachusetts holds that the legisla- 
ture has not the power under the constitution, to authorize the 
cities and towns within the commonwealth to buy coal and 
wood for the purpose of sale to their inhabitants for fuel. 155 
Mass. 598. 

Cities and towns may choose by ballot, three park commis- 
sioners, to hold office one, two and three years, respectively, and 
after the first year choose annually a commissioner for three 
years in place of the one whose term expires ; they shall have 
the care and superintendence of the public parks and direct the 
expenditures of all moneys appropriated for the improvement of 
the same. R. S. c. 4, § 88. 

Any city or town, containing more than one thousand inhab- 
itants, upon petition in writing signed by at least thirty of its 
taxpaying citizens, directed to the municipal officers, describing 
the land to be taken as hereinafter provided, and the names of 
the owners thereof so far as they are known, at a meeting of 



40 TOWNS — MONEY POWERS, ETC. 

such town, or of the mayor, aldermen and council of such city, 
may direct such municipal officers to take suitable lands for 
public parks, squares or a public library building ; and there- 
upon such officers may take such land for such purposes, but 
not without consent of the owner, if at the time of filing such 
petition, with such officers, or in the office of the clerk of such 
town or city, such land is occupied by a dwelling-house wherein 
the owner or his family reside. R. S. c. 4, § 89. 

Whenever the municipal officers of such city or town are 
directed to take land as provided in the preceding section, they 
shall, within ten days, give written notice of their intention to 
take such land, describing the same, and the time and place of 
hearing, by posting the same in two public places in the town 
where the land lies, and in the vicinity thereof, and by 
publishing the same in a newspaper printed in such city 
or town, seven days before the day of such hearing, if any, 
otherwise, in a newspaper printed in the count3 r where the 
land lies, three weeks successively, the last publication to be 
seven days before such hearing. The municipal officers shall 
meet at the time and place specified in the notice, view the land 
to be taken, hear all parties interested, and if they decide that 
the land is suitable for the purpose, they shall take the same 
and estimate the damages to be paid to each owner, so far as 
known, and make return of their doings in writing, signed by a 
majority of them, which return shall describe by metes and 
bounds the land so taken, and state the purpose for which it 
is taken, the names of the owners, so far as known, and the 
amount of damages awarded to each. The return shall be filed, 
and recorded in the clerk's office of such city or town, and a 
copy thereof, certified by such clerk, shall be recorded in the 
registry of deeds for said county. R. S. c. 4, § 90. 

Any person aggrieved by the estimate of damages may have 
them determined by written complaint to the supreme judicial 
court in the manner provided respecting damages for the 
establishment of town ways. When such damages are finally 
determined, they shall be certified to the clerk of such city or 
town, and paid by the treasurer thereof. R. S. c. 4, § 91. 

Cities and towns of more than thirteen hundred inhabitants 
shall provide fireproof safes or vaults of ample size for the recep- 
tion and preservation of all completed books of record and 
registry belonging thereto; upon the completion of any such 
book of record and registry, the clerk of the city or town, shall 



TOWNS MONEY POWERS, ETC. 41 

deposit the same in such safe or vault, and such books shall be 
kept in such safe or vault, except when required for use. R. S. 
c. 4, § 62. 

The clerks of all cities and towns shall, in the month of 
December in each year, make a return to the clerks of the 
supreme judicial court in the several counties, showing the 
number and nature of such books of record and registry as are 
in their custody, and where they are kept and deposited ; said 
return shall also show where the books of the municipal officers 
and treasurer are kept and deposited. R. S. c. 4, § 63. 

Any city or town which neglects to perform the duties pre- 
scribed by section sixty-two shall forfeit for each month so 
neglecting, the sum of ten dollars, one-half to the complainant 
and one-half to the county in which such city or town is 
located. R. S. c. 4, § 64. 

All Maine reports, statutes, digests, acts and resolves, and other 
publications, printed or purchased by the state and hereafter 
distributed according to law or custom, to the several towns and 
plantations within the state, shall be and remain the property of 
the state, and shall be held in trust by such towns or planta- 
tions for the sole use of the inhabitants thereof, and for no 
other purpose. R. S. c. 3, § 19. 

All such books and publications as may hereafter be furnished 
by the state, to any state, county or town officer, shall be and 
remain the property of the state, and shall be held in trust by 
said officer, for the sole use of his said office ; and at the 
expiration of his term of office, or on his removal therefrom by 
death, resignation or other cause, such officer, or if he be dead, 
his legal representatives, shall turn over to his successor in 
office all of said books and publications so furnished by the 
state and shall take a receipt therefor. R. S. c. 3, § 20. 

All Maine reports, revised statutes, public laws and digests 
distributed by the state librarian to the several towns and public 
officers in said state, shall be plainly marked upon the cover 
and upon the title page with the following words : "The prop- 
erty of the State of Maine, not to be sold", and shall have a 
registered number conforming to the list to be made by the 
state librarian. Any town not retaining said volumes shall not 
make any requisition upon the state librarian for their replace- 
ment, and shall forfeit all claims to be supplied with any further 
state publications. R. S. c. 3, § 21. 



42 TOWN CLERK. 



CHAPTER X. 



TOWN CLERK. 

Annual town meetings shall be held in March, and the voters 
shall then choose, by major vote, a clerk. R. S. c. 4, § 12. 

The town clerk shall be elected by ballot. R. S. c. 4, § 14. 

The town clerk, before entering on the duties of his office, 
shall be sworn before the moderator or a justice of the peace, 
truly to record all votes passed in that and other town meetings 
during the ensuing year and until another clerk is chosen and 
sworn in his stead, and faithfully to discharge all the other duties 
of his office. R. S. c. 4, § 17 ; 58 Me. 518-52. 

The clerk of any town may appoint a citizen thereof his 
deputy, who may, in the clerk's absence, perform all the duties 
of said office with the same effect as if done by the clerk ; the 
appointment may be made in writing, as follows : 

Form of Appointment of Deputy Clerk. 

I hereby appoint to perform the duties of town clerk as set 

forth in section eighteen of chapter four of the revised statutes, in the town 

of during my absence from the clerk's office. 

, Clerk of the Town of . 

R. S. c. 4, § 18; 70 Me. 564. 

In case of the clerk's absence, death, resignation or removal 
from office, without having made such appointment, the munici- 
pal officers may appoint a citizen to fill said office, who shall 
perform all the duties of the clerk during his absence, or in case 
of his death, resignation or removal from office, until a clerk is 
elected. The appointment may be made in writing, as follows : 

Form of Appointment of Clerk to Fill Vacancy. 

I [or we] hereby appoint to perform the duties of town clerk 

in the town of during the clerk's absence from his office, or until a 

clerk is elected. 

, Clerk [or municipal officers'] of the Town of . 

R. S. c. 4, § 18. 



TOWN CLERK. 43 

Said deputy, or person appointed by the municipal officers, 
shall be sworn faithfully to perform the duties of his office 
before he enters thereon. 

The clerk may appoint a woman, otherwise qualified by the 
constitution, who, in his absence, may so far act as deputy 
clerk as to receive and record chattel mortgages and other 
papers, and make certified copies of the record in the clerk's 
office. R. S. c. 4, § 18. 

The town clerk, or any two selectmen, shall forthwith make a 
list of the names of all persons chosen into office, of whom an 
oath is required, and deliver it to a constable with a warrant to 
him directed; and he shall, within three days thereafter, sum- 
mon each person therein named to appear before the town clerk, 
within seven days from the time of notice, to take such oath of 
office ; and at the end of ten days after receiving his warrant 
the constable shall return it or forfeit six dollars to the town, 
and the town shall allow him a reasonable compensation for his 
services. R. S. c. 4, § 25. 

Any town officer may be sworn by the town clerk, or by any 
person authorized by law, who shall give to the officer sworn, 
except when sworn in presence of such clerk, a certificate of the 
oath administered, which he shall return to such clerk to be filed. 
In either case, the clerk shall record the name of the officer and 
of his office, by whom sworn, and the time of taking the oath 
and returning the certificate. Any town clerk elected and sworn, 
may record his own election, the fact that he was sworn, and 
when and by whom. The record herein required shall be suffi- 
cient evidence that such officer was sworn. If any officer fails 
to return such certificate, or any clerk to record such oath within 
ten days he forfeits five dollars. R. S. c. 4, § 27 ; 79 Me. 472 ; 
84 Me. 376. 

The clerk of each town shall cause to be delivered at the 
office of the secretary of state, the returns of votes given in his 
town, for governor, senators, representatives to the legislature, 
representatives to Congress, electors of president and vice presi- 
dent of the United States, and for county officers, within thirty 
days next succeeding any meeting for their election or shall 
deposit them, postpaid, in some post office, directed to the 
secretary of state, within fourteen days after such meeting, 
to be transmitted by mail ; and shall also forward to such office, 
as soon as practicable, a statement attested by him of the num- 
ber of votes for said several officers, given at such election in 



44 TOWN CLEKK. 

his town, which shall be opened and filed by the secretary, and 
kept for public examination. R. S. c. 6, § 54. 

Residents of the state intending to be joined in marriage, 
shall cause notice of their intentions to be recorded in the office 
of the clerk of the town in which each resides, at least five days 
before a certificate of such intentions is granted ; and if one 
only of the parties resides in the state, he shall cause notice of 
their intentions to be recorded in the office of the clerk of the 
town in which such party resides, at least five days before such 
certificate is granted; and the book in which such record is 
made shall be labelled on the outside of its cover, "Record of 
intentions of marriage," and be kept open to public inspection in 
the office of the clerk, and if there is no such clerk in the place 
of their residence, the like entry shall be made with the clerk of 
an adjoining town. Persons who are non-residents of the state 
intending to be married in this state, shall have their intentions 
of marriage recorded in the office of the clerk of the town in 
which they propose to have the marriage solemnized, and the 
clerk may, upon request, issue his certificate on the same day in 
which he records the intentions of marriage of non-residents, but 
no person shall marry any couple, before he has received the 
certificate issued by the town or city clerk. P. L. 1909 c. 75. 

When marriage is proved to have been solemnized by a set- 
tled ordained minister of the gospel, the legal presumption is 
that it was done in accordance with law. 36 Me. 448 ; 63 Me. 
497. 

Marriage is a social relation. It is a civil contract, in one 
point of view, and only those who can legally enter into a civil 
contract can legally marry. 51 Me. 480. The law on this sub- 
ject is regulated by the statutes of the place where the parties 
had their domicile. 97 Me. 130. 

For cases in which marriages are prohibited and void under 
the statute, see R. S. c. 61, §§ 1, 2 and 3. And for penalty for 
knowingly and wilfully joining persons in marriage contrary to 
statutes, see R. S. c. 61, §§ 13 and 14, as amended by P. L. 
1909 c. 161. 

The clerk shall deliver to the parties a certificate specifying 
the time when such intentions were entered with him ; and it 
shall be delivered to the minister or magistrate before he begins 
to solemnize the marriage ; but no such certificate shall be 
issued to a male under twenty-one, or to a female under eight- 
een years of age, without the written consent of their parents 



TOWN CLERK. 45 

or guardians first presented, if they have any living in this 
state ; nor to a town pauper when the overseers of such town 
deposit a list of their paupers with the clerk ; and for an 
intentional violation of the foregoing prohibitions, or for falsely 
stating the residence of either party named in such certificate, 
such clerk forfeits twenty dollars. R. S. c. 61, § 5. 

All certificates of record of intentions of marriage, issued by 
the clerks of cities, towns or plantations shall have conspicu- 
ously printed thereon the following words : "The laws of Maine 
provide for a fine not exceeding one thousand dollars or impris- 
onment not exceeding five years to be the punishment for any 
clergyman, or other person, who shall solemnize a marriage 
within this state unless commissioned or authorized by the 
governor of Maine to solemnize marriages." P. L. 1907 c. 65, 

§ i- 

Whoever contracts a marriage, or makes false representations 
to procure such certificate or the solemnization of marriage con- 
trary to this chapter, forfeits one hundred dollars. R. S. c. 61, 
§ 6. 

A town clerk who makes out and delivers to any person a 
false certificate of the entry of the intention of marriage, know- 
ing it to be false in any particular, shall be fined one hundred 
dollars or imprisoned six months. lb. § 17. 

When residents of this state go into another state for the 
purpose of marriage, and it is there solemnized, and they return 
to dwell here, they shall, on the blank prepared by the state 
registrar for that purpose, fill out and file a certificate of their 
marriage with the clerk of the town in which each of them lived, 
within seven days after their return. The clerk shall then 
record such marriage. Any person who fails to make the 
report of his marriage to the town clerk as is herein provided 
shall forfeit twenty dollars, half to the prosecutor, and half to 
the town where the forfeiture is incurred. P. L. 1909 c. 75, 

§ 2 - 

Any person believing that parties are about to contract mar- 
riage, when either of them cannot lawfully do so, may file a 
caution and the reasons therefor, in the office of the clerk where 
notice of their intention should be filed. Then, if either party 
applies to enter such notice, the clerk shall withhold the certifi- 
cate until a decision is made by two justices of the peace 
approving the marriage, after due notice to and hearing all con- 
cerned: provided, that the person filing the caution shall. 



46 TOWN CLERK. 

within seven days thereafter, procure the decision of such 
justices, unless they certify that further time is necessary for 
the purpose, in which case a certificate shall be withheld until 
the expiration of the certified time. He shall, finally, deliver or 
withhold the certificate in accordance with the final decision of 
said justices. If the decision is against the sufficiency, the 
justices shall enter judgment against the applicant for costs, 
and issue execution therefor. R. S. c. 61, § 8. 

Marriages solemnized among Quakers or Friends, in the form 
heretofore practiced in their meeting, are valid, and not affected 
by the foregoing provisions ; and the clerk or the keeper of the 
records of the meeting in which they are solemnized, shall make 
return thereof as provided in section twenty of chapter sixty- 
one of revised statutes. lb. § 10. See also lb. § 37. 

Every justice of the peace or notary public residing in this 
state may solemnize marriages therein. Every ordained minis- 
ter of the gospel, clergyman engaged in the service of the 
religious body to which he belongs, or person licensed to preach 
by an association of ministers, religious seminary or ecclesiasti- 
cal body, whether a resident or non-resident of this state, and 
of either sex, may solemnize marriages therein after being 
licensed for that purpose, upon application duly filed with the 
secretary of state, as herein provided. Such application shall 
be made upon blanks furnished by the secretary of state which 
shall be signed by the applicant and set forth the necessary 
facts in the premises, which facts shall be certified to by the 
clerk, treasurer, or any of the municipal officers of the town 
wherein the applicant resides or wherein the ceremony is to be 
performed. P. L. 1909 c. 161, amending R. S. c. 61, § 11. 

A copy of a record of marriage duly made and kept, attested 
or sworn to by a justice of the peace, commissioned minister, 
or town clerk, shall be received in all courts as evidence of the 
fact of marriage. R. S. c. 61, § 15. 

No marriage, solemnized before any known inhabitant of the 
state professing to be a justice of the peace, or an ordained or 
licensed minister of the gospel duly appointed and com- 
missioned, is void, nor is its validity affected by any want of 
jurisdiction or authority in the justice or minister, or by any 
omission or informality in entering the intention of marriage, if 
the marriage is in other respects lawful, and consummated with 
a full belief, on the part of either of the persons married, that 
they are lawfully married. lb. § 16. 



TOWN CLERK. 47 

The clerk of every town shall keep a chronological record of 
all births, marriages and deaths reported to him, or known to 
him, and shall between the tenth and the fifteenth of every 
month, transmit to the state registrar a copy of the record of all 
births, marriages, and deaths which have occurred within the 
month next preceding, together with the names, residences, and 
official stations of all persons who have neglected to make 
returns to him in relation to the subject matters of such records, 
which the law required them to make, all to be made upon blanks, 
to be prepared and furnished by the state registrar ; and if no 
births, marriages, or deaths have occurred in the aforementioned 
period of time or month, for which returns are to be made, the 
town clerk shall send the state registrar a statement to that effect. 
Whenever a birth, marriage, or death required by law to be 
returned to such clerk, is reported to him, or he learns of it, too 
late for inclusion in his returns as provided hereunder to the 
state registrar, he shall, after it is reported to him, or after he 
has knowledge of it, make due returns thereof to the state reg- 
istrar forthwith. R. S. c. 61, § 32, as amended by P. L. 1907 c. 
56. 

The registrar of vital statistics shall require all copies which 
are transmitted under the provisions of section thirty-two of 
chapter sixty-one to be typewritten or written with black dura- 
ble ink in a fair or legible hand, and a city or town clerk who 
neglects or refuses to make or cause to be made typewritten or 
fair and legible copies as required shall forfeit not less than 
twenty nor more than one hundred dollars to the use of the 
state. P. L. 1909 c. 75. 

Every person authorized to unite persons in marriage shall 
make a record of every marriage solemnized before him, in con- 
formity with the requisitions prescribed for blank records of 
marriages in section eighteen and shall within six days there- 
after, deliver or forward to the clerk of each town in which the 
marriage intention was recorded, and to the clerk of the town in 
which the marriage was solemnized, a copy of such record of 
marriage. R. S. c. 61, § 20. 

The clerk of each city or town shall enforce, so far as comes 
within his power, sections ten, nineteen, twenty, twenty-one, 
twenty-two, twenty-five, twenty-eight and thirty-one of chapter 
sixty-one of the revised statutes and when he knows of any birth, 
marriage or death, which is not reported to his office in accordance 
with the provisions of said chapter, he shall collect so far as he is 
able to do so, the facts called for in the blank certificates of birth, 



48 TOWN CLERK. 

of marriage, or of death, as furnished by the state registrar, and 
shall record them as is herein prescribed ; for each birth or death 
duly reported to the town clerk, physicians shall receive twenty- 
five cents from the town in which the birth or death has 
occurred. R. S. c. 61, § 38, as amended by P. L. 1909 c. 75. 

For solemnizing a marriage and certifying the same, every 
ordained minister or justice of the peace, and every woman ap- 
pointed for the purpose, shall be entitled to one dollar and 
twenty-five cents. R. S. c. 117, § 19. 

The assessors shall, when taking the annual inventory, collect 
and return to the town clerk, before the first day of June, the 
births which have occurred within their respective jurisdictions 
during the year ending December thirty-first next preceding,, 
together with the names of such children. R. S. c. 61, § 31. 

The clerk shall make a record of all licenses granted inn- 
holders and victualers. R. S. c. 29, § 4. See Private and 
Special Laws 1905, c. 167, pertaining to innholders in City of 
Portland. 

City clerks of the several cities, shall promptly transmit to 
the librarian of the state library copies of all printed reports of 
cities including all exhibits of city expenditures. R. S. c. 3, § 15. 

Clerks of towns shall preserve the check lists used at the 
September elections for one year without alteration, and shall 
furnish to any person a certified copy thereof within twenty 
days after demand and payment or tender of the legal charges 
therefor, under the penalty provided in section seventy-eight of 
chapter six of the revised statutes. R. S.c. 6, § 46 ; 92 Me. 158. 

One part of the indenture binding apprentices, when made by 
consent of the municipal officers, shall be deposited with the town 
clerk. R. S. c. 64, § 4. 

When a town treasurer is elected and qualified, the clerk 
shall communicate his name to the treasurer of state and to the 
state auditor ; and no city, town or plantation shall receive any 
money from the treasurer of state until the name of its treas- 
urer has been so communicated. R. S. c. 4, .§ 43, as amended 
by P. L. 1909 c. 173. 

When any personal property is attached which by reason of 
its bulk or other special cause cannot be immediately removed, 
the officer may within five days thereafter, file in the office of 
the clerk of the town in which the attachment is made, an. 
attested copy of so much of his return on the writ as relates to 



TOWN CLERK. 49 

the attachment, with the value of the defendant's property 
which he is thereby commanded to attach, the names of the 
parties, the date of the writ, and the court to which it is return- 
able, and such attachment is as effectual and valid, as if the 
property had remained in his possession and custody. The 
clerk shall receive the copy, noting thereon the time, enter it in 
a suitable book, and keep it on file for the inspection of those 
interested therein. R. S. c. 83, § 27 ; 81 Me. 298, 593 ; 84 Me. 
276: 89 Me. 233, 299; 91 Me. 70; 93 Me. 492. 

No mortgage of personal property is valid against any other 
person than the parties thereto, unless possession of such mort- 
gage is delivered to, and retained by the mortgagee, or the 
mortgage is recorded by the clerk of the city, town, or planta- 
tion in which the mortgagor resides when the mortgage is given. 
When all the mortgagors reside without the state, the mortgage 
shall be recorded in said city, town, or plantation where the 
property is when the mortgage is made ; but if a part of the 
mortgagors reside in the state, then in the cities, towns, or plan- 
tations in which such mortgagors reside when the mortgage is 
given. A mortgage made by a corporation shall be recorded in 
the town where it has its established place of business. R. S. c. 
93, § 1. 

The clerk shall record all such mortgages delivered to him, 
in a book kept for that purpose, noting therein, and on the 
mortgage, the time when it was received ; and it shall be con- 
sidered as recorded when received. R. S. c. 93, § 2 ; 34 Me. 
376; 73 Me. 250; 81 Me. 298. 

No agreement that personal property bargained and delivered 
to another shall remain the property of the seller till paid for is 
valid unless the same is in writing and signed by the person 
to be bound thereby. And when so made and signed, whether 
said agreement is or is called a note, lease, conditional sale, 
purchase or installments, or by any other name, and in whatever 
form it may be, it shall not be valid, except as between the 
original parties thereto, unless it is recorded in the office of 
the clerk of the town in which the purchaser resides at the 
time of the purchase. The fee for recording the same shall 
be the same as that for recording mortgages of personal prop- 
erty. All said agreements, whether recorded or not, shall be 
subject to redemption ; but the title may be foreclosed in the 
same manner as is provided for mortgages of personal property. 
R. S. c. 113, § 5. 



50 TOWN CLERK. 

After a final division of their common property, they shall 
cause their records to be deposited in the office of the clerk of 
the town in which some part of such lands lies ; and he may 
record votes and certify copies of such records, as the proprie- 
tors' clerk might have done; and the last clerk chosen shall 
continue in office until the records are so deposited. R. S. c. 
58, § 12. 

Whenever the municipal officers or engineers, upon inspection, 
find that proper safeguards and precautions for escape in case 
of fire, or of alarm, have been provided, they shall give to the 
occupant of such building a certificate, under their hands, of 
such fact; which shall be valid for one year only from its date. 
Such officers shall return to the clerk's office of their town, 
monthly, a list of such certificates by them issued, which the 
clerk shall record in a suitable book. R. S. c. 28, § 42. 

When fence viewers assign the portions of fences to be built 
as provided in section five of chapter twenty-six of the revised 
statutes, the assignment shall be recorded in the town clerk's 
office. R. S. c. 26, § 5. 

After the list of jurors is approved by the town the board 
shall write their names upon tickets and place them in the jury 
box, to be kept by the town clerk; and the persons whose 
names are in the box are liable to be drawn and to serve on any 
jury, at any court for which they are drawn, once in every three 
years and not oftener, except as herein provided. R. S. c. 108, 
§4. 

The town clerk, or, in his absence, one of the municipal 
officers, shall carry the jury box into the meeting, and it shall 
there be unlocked, and the tickets mixed by a majority of said 
officers present; one of them shall draw out as many tickets as 
there are jurors required; and the persons whose names are 
drawn shall be returned as jurors, unless they have served on 
the jury within three years, or from sickness, or absence beyond 
sea, or without the limits, or in distant parts of the state, they 
are considered by the town unable to attend. R. S. c. 108, § 11. 
This section also applies to plantations. P. L. 1905 c. 82. 

If the municipal officers or town clerk neglect to perform 
their duties herein required, so that the jurors called for from 
their town are not returned, they shall be fined not less than 
ten, nor more than fifty dollars each. R. S. c. 108, § 16. 

Any town clerk or municipal officer, who commits a fraud on 
the box previous to the draft, in drawing a juror or in return- 



TOWN CLERK. 51 

ing a name, which had been fairly drawn, into the box, and 
drawing another in its stead, or in any other mode, shall be fined 
not exceeding two hundred dollars, half to the state and half 
to the prosecutor. R. S. c. 108, § 20. 

No city, county or state officer, whose duty it is to record 
conveyances of any kind, assignments, certificates or other docu- 
ments or papers whatsoever, shall draft or aid in drafting any 
conveyance, assignment, certificate or other document or paper 
which he is by law required to record, in full or in part : under 
a penalty of not exceeding one hundred dollars, to be recovered 
by any complainant by action of debt for his benefit or by 
indictment for the benefit of the county. R. S. c. 11, § 14. 

Cities and towns of more than thirteen hundred inhabitants 
shall provide fireproof safes or vaults of ample size for the 
reception and preservation of all completed books of record 
and registry belonging thereto ; upon the completion of any 
such book of record and registry, the clerk of the city or town 
shall deposit the same in such safe or vault, and such books shall 
be kept in such safe or vault, except when required for use. 
R. S. c. 4, § 62. 

The clerks of all cities and towns shall, in the month of 
December in each year, make a return to the clerks of the 
supreme judicial court in the several counties, showing the 
number and nature of such books of record and registry as are 
in their custody, and where they are kept and deposited ; said 
return shall also show where the books of the municipal officers 
and treasurer are kept and deposited. R. S. c. 4, § 63. 

Any city or town which neglects to perform the duties 
prescribed by the preceding section, shall forfeit for each month 
so neglecting, the sum of ten dollars, one-half to the complain- 
ant and one-half to the county in which such city or town is 
located. R. S. c. 4, § 64. 

Clerks of cities and towns shall receive for recording mort- 
gages of personal property and notices of foreclosure of the 
same, and descriptions of family burying grounds, fifty cents. 

For recording assignments of wages, certificates of discharge 
of attachments and notices of finding lost money, goods or stray 
beasts, twenty-five cents. 

For receiving of an officer a copy of return of attachment of 
personal property, noting thereon the time when it is received, 
entering it in a suitable book and keeping it on file, ten cents. 



52 TOWN CLERK. 

For filing copy of petition for release of attachment and 
certificate, and making necessary certificate thereof, twenty 
cents. 

For entering and recording intentions of marriage, giving 
certificate of same, one dollar, to be paid on issuing the certifi- 
cate of intention. 

For recording sheep marks, ten cents. 

For a certificate of a birth, marriage or death, ten cents ; for 
affixing an official seal, when necessary, twenty-five cents more. 

The clerk of each city or town shall be paid by such city or 
town for receiving, recording and returning the facts required 
by chapter sixty-one of the revised statutes, to be recorded the 
sum of fifteen cents for each birth, marriage or death. 

For every birth, marriage or death collected and recorded 
under section thirty-eight of chapter sixty-one of the revised 
statutes, the clerk shall receive from the town twenty-five cents. 

For each oath recorded by him the clerk shall receive from 
the town five cents. 

In all cases where books with printed forms are not furnished 
therefor, the clerk shall receive for receiving and recording any 
instrument by law entitled to be recorded, in addition to the 
fees now provided by law, the sum of fifteen cents for each one 
hundred words or fraction thereof in excess of five hundred 
words ; provided, hoivever, if the instrument to be recorded does 
not exceed in length two hundred and fifty words, the fee for 
recording the same shall be twenty-five cents. R. S. c. 117, 
§ 20. 

When omissions or errors exist in the records or tax lists of a 
town or school district, or in returns of warrants for meetings 
thereof, they shall be amended, on oath, according to the fact, 
while in or after he ceases to be in office, by the officer whose 
duty it was to make them correctly. If the original warrant is 
lost or destroyed, the return, or an amendment of it, may be 
made upon a copy thereof. R. S. c. 4, § 10. 

A clerk may amend his records while in office or after 
re-election {Bangor v. Omeville, 90 Me. 217), but not when no 
longer in office, if he has no statutory authority. 102 Me. 414. 

It is irregular for the city clerk to cast the vote of the con- 
vention for election of city officers. 90 Me. 71. 

For duties of city clerk in matters pertaining to dogs and 
protection of sheep, see title Dogs, post. 



TOWN CLERK. 53 

For duties of city clerk in matters pertaining to elections, see 
title Elections, post. 

For duties of city clerk in matters pertaining to the registra- 
tion of vital statistics, see Vital Statistics, post. 

As to lost goods and beasts, see title Lost Goods and Stray 
Beasts, post. 

In addition to the foregoing provisions providing for record- 
ing attachments of bulky and other articles in the office of the 
city or town clerk, the following is a summary of special stat- 
utory provisions for recording certain lien claims in said office. 
It is not intended to cover all cases in which liens exist, and for 
which general provision is made for making attachments ; but 
only such cases, as above indicated, where a special provision is 
prescribed for recording in the office of the clerk of the munici- 
pality. 

For labor in manufacturing or repairing iron work or wood- 
work of wagons, carts, sleighs and other vehicles, and materials 
used. In such case a statement of the lien sworn to by the 
claimant, or someone in his behalf shall be filed in the office of 
the clerk in a book kept for that purpose within thirty days 
from the time such labor is performed. Fees : same as for 
recording mortgages. P. L. 1905 c. 57. 

For labor performed or materials furnished in erecting, alter- 
ing, moving or repairing a house, building or appurtenances, or 
in constructing, altering or repairing a wharf, or pier, or any 
building thereon, by virtue of a contract with or by consent of 
the owner. In such case a statement of the lien claimed (which 
covers the land on which the structure stands,) shall be filed 
in the clerk's office within sixty days after the labor ceases 
or materials are funished, with a description of the property 
intended to be covered by the lien, sufficiently accurate to 
identify it. Such lien shall be sworn to and recorded in the 
book kept for that purpose by the clerk. Fees : same as for 
recording mortgages. R. S. c. 93, §§ 29, 30, 31, as amended bv 
P. L. 1905 c. 110. 

For labor or materials furnished for building a vessel. If the 
vessel is at the time on the stocks, such lien is perfected (so far 
as the duties of the town or city clerk are concerned) by filing 
in the office of the clerk, within forty-eight hours after the 
attachment, a copy of so much of the officer's return on the writ 
as relates to the attachment with the name of the person liable 
for the debt, the description of the vessel as given in the writ. 



54 TOWN CLERK. 

the date of the writ, the amount claimed and court to which it 
is returnable. For further service of the writ see section eleven 
of chapter ninety-three of the revised statutes. If at the time 
of attachment the vessel is launched it shall be attached as other 
personal property. R. S. c. 93, §§ 8, 9, 10, 11; 58 Me. 99. 

For monumental work done or furnished under an express 
contract fixing the price. In such cases the attachment in the 
suit to enforce the lien is to be recorded in the clerk's office in 
the town where the property is situated within two years after 
completion, delivery or erection of the work ; or the lien may be 
enforced by petition, which, before service thereof, and within 
said two years, shall be recorded by the clerk of the town in 
which such property is situated and a certificate of such record 
endorsed thereon. P. L. 1905 c. 43. 

Goods sold under innkeeper's and boarding-house keeper's lien 
shall be recorded in the office of the town clerk where the sale 
takes place, in a suitable book open to public inspection, in 
which the articles sold shall be correctly described, with charges 
and expenses of advertising and selling, and the prices at which 
they were sold. R. S. c. 93, § 65. 

Notice of intended sale of stocks, bonds or other property 
pledged for payment of money or the performance of any other 
thing shall be recorded in the office of the clerk of the city or 
town where the pledgee resides, together with an affidavit of 
service. R. S. c. 93, § 76. 

For further powers and duties of the city clerk in respect to 
particular papers and records the following references are made 
to the revised statutes (nineteen hundred and three) and to acts 
of the legislature, although several of the citations below enu- 
merated will be found in other parts of this volume under appro- 
priate headings. 

To be filed with the city clerk : — 

Apprenticeship, indentures of, R. S. c. 64, § 4 

Assignment of Wages, « P. L. 1907 c. 103 

Attachment of bulky property, R. S. c. 83, § 27 

Bottles, etc., description of marks on, R. S. c. 40, § 37 

Burying Grounds, description of, R. S. c. 20, § 5 

Family grounds of, R. S. c. 20, § 6 

Cattle, regulations as to passage of, R. S. c. 19, § 18 

Chattel Mortgages, R. S. c. 93, § 2 

Foreclosure, also notice of, R. S. c. 93, § 5 

Coasting, designation of streets for, R. S. c. 4, § 70 



R. 


S. 


c. 


21, 


§ 


7 


R. 


S. 


c. 


21, 


§ 


20 


R. 


s. 


c. 


113, 


§ 


5 


R. 


s. 


c. 


26, 


§ 


5 


R, 


s. 


c. 


28, 




42 



TOWN CLERK. 55 

Common Sewer, permit to enter, 

Awards of arbitrators, 
Conditional Sales, contracts of, 
Fences, assignments of partition, 
Fire, certificates of safety from, 
Initiative Referendum, signatures attested 

by city clerk, Const. Amend., P. L. 1909, p. 1458 

InnJwlders, sales of goods by, R. S. c. 93, § 65 

Licensing of, P. and S. L. 1905 c. 167 

Inspectors of flour, to give certificate to, R. S. c. 39, § 2 
Janitors, steam plants in public buildings, 

certificate of, P. L. 1907 c. 82 

Library Buildings, land taken for public, R. S. c. 4, § 10 

Lost Money or Goods, notice of finding, R. S. c. 100, § 10 

Milk Cans, registration of, P. L. 1907, c. 129 

Oil Cans, description of marks, R. S. c. 40, § 13 

Defacing with fraudulent intent, R. S. c. 40, § 14 

Parks and Squares, land taken for public, R. S. c. 4, § 90 

Perambulation of town lines, R. S. c. 4, § 108 

Persons moving into and from town, list of, R. S. c. 4, § 42 
Petition for Referendum, attested by city 

clerk, Const. Amend., P. L. 1909, p. 1458 

Pews in churches, deeds of, R. S. c. 75, § 31 

Poles and Wires, location of, P. L. 1909 c. 236 

Polling Districts, limits of, R. S. c. 6, § 20 

Public Landings, procedure in laying out, P. L. 1907 c. 87 

Sewer Assessments, to make list of, R. S. c. 21, § 8 

Street R. R., location of, P. L. 1907, c. 132 
Trees on Land Abutting Highways, action 

for preservation of, P. L. 1907 c. 27 

Votes, for governor of, Const, art. 5, § 3 

for representatives, Const, art. 4, § 5 

for senators, Const, art. 4, part 2, § 3 

Weirs, as to construction in tide water, c. 4, § 98 

Wharves, as to erection in tide water, c. 4, § 98 



56 ELECTIONS — QUALIFICATIONS OF VOTERS. 



CHAPTER XL 



ELECTIONS. 
RIGHTS AND QUALIFICATIONS OF VOTERS. 

Every male citizen of the United States, of the age of twenty- 
one years and upwards, excepting paupers, persons under guard- 
ianship, and Indians not taxed, having his residence established 
in this state for the term of three months next preceding any 
election, shall be an elector for governor, senators, and repre- 
sentatives, in the town or plantation where his residence is so 
established, and the elections shall be by written ballot. But 
persons in the military, naval, or marine service of the United 
States or this state shall not be considered as having obtained 
such established residence, by being stationed in any garrison, 
barrack, or military place in any town or plantation ; nor shall 
the residence of a student at any seminary of learning entitle 
him to the right of suffrage in the town or plantation where such 
seminary is established. No person, however, shall be deemed 
to have lost his residence by reason of his absence from the state 
in the military service of the United States or of this state. 
Const, art. 2, § 1, as amended. 

A person if otherwise qualified is to be considered as entitled 
to vote for state officers, unless he shall have been a pauper 
within three months next preceding the election. A person is 
to be considered a pauper while he receives supplies, as such, 
from the town where he is resident or found, whether furnished 
directly by the overseers of the poor, or indirectly by the person 
to whom he has been disposed of and consigned by such over- 
seers for support. 7 Me. 499. 

A student may obtain a voting residence, if other conditions 
exist sufficient to create it. Bodily presence in a place coupled 
with an intention to make such place a home will establish a 
domicile or residence. But the intention to remain only so long 
as a student, or only because a student, is not sufficient. The 
intention must be, not to make the place a home temporarily, 
not a mere student's home, a home while a student, but an 



ELECTIONS QUALIFICATIONS OF VOTERS. 57 

actual, real, permanent home there ; such a real and permanent 
home there as he might have elsewhere. The intention must 
not be conditioned upon or limited to the duration of the 
academical course. To constitute a permanent residence, the 
intention must be to remain for a definite period, regardless of 
the length of time the student expects to remain at the college. 
He gets no residence because a student, but being a student 
does not prevent his getting a residence otherwise. 76 Me. 165. 

Persons born upon the disputed territory within the present 
limits of this state have the same elective franchises as persons 
born upon territory within the state over which the British gov- 
ernment made no claim. 68 Me. 593. 

No person shall have the right to vote or be eligible to office 
under the constitution of this state, who shall not be able to 
read the constitution in the English language and write his 
name ; provided, however, that the provisions of this amendment 
shall not apply to any person prevented by a physical disability 
from complying with its requisitions, nor to any person who 
now has the right to vote, nor to any person who shall be sixty 
years of age or upwards at the time this amendment shall take 
effect. Const. Amend, art. 29. Took effect first Wednesday 
of January, eighteen hundred and ninety-three. 85 Me. 511. 

Every male citizen who had the right to vote on the fourth 
day of January, eighteen hundred and ninety-three, together with 
those who were sixty years of age and upwards on said day, 
and every other male citizen, except paupers, persons under 
guardianship and Indians not taxed, who, not being prevented 
by physical disability from so doing, is able to read the consti- 
tution of the state in the English language, in such manner as to 
show that he is neither prompted nor reciting from memory, and 
to write his name, and who is twenty-one years of age or 
upwards, and shall have his residence established in this state 
for the term of three months next preceding any national, state, 
city or town election, shall have the right to vote at every such 
election in the city, town or plantation where his residence is so 
established, provided, however, that his name has been properly 
entered upon the voting list of such city, town or plantation. 
R. S. c. 5, § 2. 

Any applicant for registration as a voter, claiming exemption 
from the educational test recited in preceding section, except 
those exempted by the provisions of said section, shall declare 
under oath, that he was a legal voter in this state on the fourth 



58 ELECTIONS — QUALIFICATIONS OF VOTERS. 

clay of January, eighteen hundred and ninety-three, and, if re- 
quired so to do, shall furnish such other reasonable evidence of 
the truthfulness of his statement as may be satisfactory to the 
officers whose duty it is to prepare voting lists. R. S. c. 5, § 3 ; 
P. L. 1893 c. 173. 

Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest on the days of election,, 
during their attendance at, going to, and returning therefrom. 
Const, art. 2, § 2. But the privilege does not extend to an 
elector preparing to go, if he have not actually proceeded on the 
way. 8 Me. 187. 

This privilege may be waived. 16 Me. 132 ; 76 Me. 140. 

No elector shall be obliged to do duty in the militia on any 
day of election, except in time of war or public danger. Const- 
art 2, § 3. 

The election of governor, senators, and representatives shall 
be on the second Monday of September biennially. Const, art.. 
2, §4. 

No court shall be held on any day designated for the choice- 
of presidential electors, or on the day of the state election. R.. 
S. c. 79, § 52. 

No soldier or sailor who served by enlistment in the army or 
navy of the United States, in the war of eighteen hundred and 
sixty-one, or in the war with Spain, and who has received an 
honorable discharge from all enlistments in said service, whether 
in his own proper name or an assumed name, and who has or may 
become dependent upon any town, shall be considered a pauper 
or be subject to disfranchisement for that cause ; but the time 
during which said soldier or sailor is so dependent, shall not be 
included in the period of residence necessary to change his set- 
tlement ; and overseers of the poor shall not have authority to 
remove to, or support in, the poorhouse, any such dependent 
soldier or sailor or his family ; the word "family 1 ' here used shall 
be held to include the soldier or sailor, his wife, his unmarried 
minor children living with him and dependent upon him for 
support, and such other unmarried children of his dependent 
upon him for support, who by reason of mental incapacity or 
physical disability are unable to provide for themselves ; but the 
town of his settlement shall support them at his own home in 
the town of his settlement or residence, or in such suitable place 
other than the poorhouse, as the overseers of the town of his 
settlement may deem right and proper. In case of violation of 



ELECTIONS— QUALIFICATIONS OF VOTERS. 59 

this section the overseers of the poor shall be subject to a fine of 
twenty-five dollars. And for every day they allow them to 
remain in such poorhouse, after reasonable notice, they shall be 
subject to a further fine of five dollars a day, to be recovered by 
complaint or indictment. This section shall not be so construed 
as to deprive overseers of the poor of any right to remove and 
support such dependent soldier or sailor and his family in the 
town of his settlement, as herein provided. R. S. c. 27, § 9. 

A student may gain right to vote in town where the seminary 
of learning, he is attending, is situated. Each case depends 
largely upon its peculiar facts as to whether or not the student 
has a voting residence or is merely a student. 76 Me. 161. 

Any person, in order to be considered a pauper, must be 
assisted by the town in which he claims a right to vote. If he 
have received aid from the town within three months of the day 
of election, he is not a legal voter ; but if he received aid from 
the town more than three months before but not within three 
months of the election he is a voter, whether he owes the town 
for it or not. Opinions of the Justices, 7 Me. 499. 

That place is considered the home of a person in which his 
habitation is fixed, without any present intention of removing 
therefrom. Wife may have, separate from husband. 64 Me. 78* 

Wife cannot change residence of husband against his will. 
67 Me. 557. 

A person, having acquired a home in a place does not lose 
it by a temporary absence with the intention of returning — as 
to do a job of work, or absence at sea, or absence at college. 
49 Me. 367. If a person supports his family in one town, and 
resides to transact business in another town, he can vote for 
state officers only in the town where his family has resided three 
months next preceding the election. 7 Me. 497. 

A voter is not disfranchised because another person falsely 
personates him and votes. The rightful voter, after proving that 
he is the person whose name is on the list, that he has not voted 
and that he has a legal right to vote, may cast his ballot. 76 
Me. 218. 

Where a voter removed to another town in the state within 
three months before election he cannot vote in either town. 
McCrary on Elections, §§61 and 65. 



60 ELECTIONS — LIST OF VOTERS. 



CHAPTER XII. 



ELECTIONS. 

LIST OF VOTERS. 

In every town where the selectmen are not the assessors, the 
assessors, on or before the first day of August in each year in 
which an election of governor, senators, and representatives is 
held, shall prepare a list of the persons whom they judge to be 
constitutionally qualified to vote therein at such election and 
deliver it to the selectmen. R. S. c. 5, § 34. 

The selectmen of every town, on or before the eleventh day 
of August, in every such year, shall prepare a corrected list of 
persons so qualified. R. S. c. 5, § 35. 

. In every town having, by the census of the United States 
then last taken, more than three thousand inhabitants, the select- 
men shall be in open session to receive evidence of the qualifica- 
tions of persons claiming the right to vote at any such election, 
and for the correction of said list, for a reasonable time, on not 
more than two days, between the eleventh and eighteenth days 
of August in every such year, giving previous notice of the time 
and place of each session, as their town meetings are notified. 
R. S. c. 5, § 36. 

On or before the twentieth day of August in every such year, 
the selectmen shall deposit in the office of the town clerk an 
alphabetical list of voters thus prepared and revised, and post a 
similar list in one or more public places in the town. R. S. c. 5, 
§37. 

After such lists are thus prepared, deposited with the clerk, 
and posted, the selectmen shall not add thereto nor strike there- 
from the name of any person, except in open session on one of 
the days prescribed by law for receiving evidence of the qualifi- 
cation of voters ; nor shall they strike from said list the name of 
any person residing in town, without notice first given to him 
that his right to vote is questioned, and an opportunity for a 
hearing on one of such days. But at any regular session for 



ELECTIONS — LIST OF VOTERS. 61 

receiving such evidence, the selectmen shall place on the list of 
voters the name of every person known by or proved to them to 
be so qualified, whether he applies therefor or not. R. S. c. 5, 
§ 38. 

When a person of foreign birth exhibits to the selectmen of 
his town, papers of naturalization, issued to him in due form by 
a court having jurisdiction, they shall, if satisfied of their 
genuineness, and that such person is entitled to vote, approve 
such papers by a written indorsement thereon, with the date 
thereof, signed by one of them ; register in a book kept for that 
purpose the name of the person, the date of the papers, the date of 
approval, and the name of the court by which they were issued ; 
cause the name of such person to be entered on the list of 
voters ; and continue his name on the successive lists so long as 
he continues to reside there, and is in other respects qualified to 
vote. If they are of opinion that such papers are not genuine, 
or were not issued to the person presenting them, or that he is 
not for other cause a legal voter, they shall not approve them, 
or perform the other acts required ; but he shall not by their 
refusal to approve his papers, or to enter his name, be deprived 
of his right to vote, upon satisfactory proof. R. S. c. 5, § 39. 

In all towns, cities not included, having five hundred or more 
registered voters and in all cities having less than four thousand 
inhabitants, the municipal officers thereof shall receive applica- 
tions of persons claiming a right to vote, on the three secular 
days next preceding the day of election, and no application shall 
be received after the hour of five of the clock in the after- 
noon on the secular day next preceding the day of the election ; 
and no name shall be added to the list of voters on the day of 
election, by certificate or otherwise, except such as were upon 
the list used at the last preceding election, and have been 
inadvertently omitted by the selectmen ; and on that daj r no 
change shall be made in names except to correct clerical errors 
therein. R. S. c. 5, § 40. 

In every town containing less than five hundred voters, the 
municipal officers shall be in session on the day of any such 
election to receive and decide on such applications, at some con- 
venient place, for so long a time immediately preceding the 
opening of the polls as they think necessary, and shall hear and 
determine any such application at any time before the polls are 
closed. R. S. c. 5, § 41. 

The municipal officers shall order notice of the time and place 
of all their sessions, required or authorized in the two preceding 



62 ELECTIONS — LIST OF VOTERS. 

sections, to be given in the warrant for calling the meetings for 
such elections. R. S. c. 5, § 42. 

Torm of the List of Voters, Which Must be Arranged Alpha- 
betically. 

An alphabetical list of the voters in the town of , in the county of 

, as made out by the selectmen, the day of , A. D. 19 — . 

A. B., C. D., E. F., G. H., I. O. 

The selectmen shall make out a correct alphabetical list of the 
inhabitants in their towns qualified to vote in the choice of 
town officers, and deposit it in the office of the town clerk, and 
post a copy thereof in one or more public places in such town, on 
or before the twentieth day of February, annually. R. S. c. 5, 
§43. 

They shall be in session at some convenient time and place 
to be by them notified in the warrant for calling the meeting in 
such town, on the secular day next preceding the annual election 
in March, or on the morning of the day of election, to hear and 
decide upon the applications of persons claiming to have their 
names entered upon said list; and such session, when held on a 
secular day preceding the election, shall continue at least three 
hours, and when held on the day of election, shall continue until 
the election of town officers required by law to be elected by 
ballot, has been completed. R. S. c. 5, § 44. 

The town clerk shall have the list of voters provided for by 
the two preceding sections at every town meeting held for the 
choice of town officers required by law to be chosen by ballot, 
and it shall be kept and used as a check list at the polls by said 
clerk or moderator at such meeting, in the manner prescribed 
for selectmen or assessors by section forty-one of chapter six, if 
demanded by one-third of the voters present. R. S. c. 5, § 45. 

If the town clerk or moderator presiding at such meeting will- 
fully neglects or refuses to comply with the preceding section, 
he forfeits not less than fifty, nor more than one hundred dol- 
lars, to be recovered in an action of debt in the name and for 
the use of the town, to be prosecuted by the treasurer at the 
request of any voter therein. R. S. c. 5, § 46. 



ELECTIONS NOTIFYING MEMBERS. 



CHAPTER XIII. 



ELECTIONS. 

NOTIFYING MEETINGS. 

The selectmen of every town, by their warrant, shall cause the 
inhabitants thereof, qualified according to the constitution, to be 
notified and warned seven days at least before the second Mon- 
day of September biennially, to meet at some suitable place 
designated in said warrant, to give in their votes for governor, 
senators and representatives, as the constitution requires ; and 
such meeting shall be warned like other town meetings. R. S. 
c. 6, § 34. 

Form of a Warrant. 

To , constable of the town of : 

You are hereby required, in the name of the State of Maine, to notify 

and warn the inhabitants of said town of , qualified as the constitution 

requires, to assemble at , on the day of , 19 — , at o'clock 

in the noon, to give in their votes for governor, senators, and repre- 
sentatives [or representative] to represent them in the legislature of this 
•state. 

The polls will be opened at o'clock in the forenoon and be closed 

at o'clock in the afternoon. 

The selectmen will be in session at , on the day of , at 

o'clock in the noon, for the purpose of correcting the list of voters. 

Dated at , the day of , A. D. 19 — . 

A. B., \ 

C. D., > Selectmen of . 

E. F., ) 

In warning as above for the choice of register of deeds, county 
treasurer, or other county officers, the revised statutes prescribe 
that instead of the words, "as the constitution requires," should 
be substituted in the third and fourth lines of the warrant the 
words "to vote for representatives." 

Form of a Return on the Back of the Warrant by the Constable. 

, , , A. D. 19—. Pursuant to the within warrant, fco me 

directed, I have notified and warned the inhabitants of said town of . 



64 ELECTIONS — NOTIFYING MEMBERS. 

qualified as therein expressed, to assemble at the time and place, and for 
the purpose therein mentioned, by posting an attested copy of such war- 
rant at , being a public and conspicuous place in said town, on the 

day of , being seven days before said meeting. 

A. B., Constable of . 

If the aldermen of cities, selectmen of towns, or assessors of 
plantations neglect to issue their warrant as required by law for 
a meeting for the choice of state or county officers, representa- 
tives to the legislature or to congress, or of electors of president 
and vice-president of the United States, they each forfeit fifty- 
dollars to their city, town, or plantation, to be recovered in 
action of debt by the treasurer, or by any citizen thereof when 
said treasurer is a member of the delinquent board. R. S. c. 
6, § 79. 

If any person, required to summon the voters of a city, town,, 
or plantation to assemble at any meeting for choice of any 
officers mentioned in the preceding section, neglects to do so, or 
to make due return of the warrant therefor, he forfeits twenty- 
five dollars to his city, town, or plantation for each offense, to 
be recovered as provided in the preceding section ; but if he 
willfully neglects or refuses, he forfeits not less than fifty, nor 
more than two hundred dollars, half to the state and half to the 
prosecutor, to be recovered by indictment. R. S. c. 6, § 81. 

A copy of the record of the warrant for calling the town 
meeting is competent evidence, without producing the original 
warrant, or showing its loss. 21 Me. 63. 

Selectmen elected at a meeting illegally called, may call a 
town meeting, if they have acted as selectmen. 57 Me. 541. 

The constable must himself sign the return on the warrant 
for the meeting. 56 Me. 390. 

See also decisions under Town and Annual Meetings. 



ELECTIONS PROCEEDINGS AT ELECTIONS. 65 



CHAPTER XIV. 



ELECTIONS. 
PROCEEDINGS AT ELECTIONS. 

The selectmen or other officers, required by the constitution 
and laws to preside at any such (that is, for the election of state 
officers or electors of president, vice-president) meeting, shall 
have all the powers of moderators of town meetings, as provided 
in chapter four; and they shall refuse the vote of any person 
not qualified to vote. R. S. c. 6, § 36. 

If a majority of the selectmen are absent from any such meet- 
ing duly warned, or, being present, neglect or refuse to act as 
such and to do all their duties, the voters may choose so many 
selectmen pro tempore, as are necessary to constitute or to com- 
plete the number competent to act. R. S. c. 6, § 37. 

During the choice of selectmen pro tempore any selectman 
present may act as moderator ; if no selectmen are present, or if 
those present neglect or refuse to act as such, the town clerk 
shall preside ; and the person so presiding shall have all the 
powers and discharge the duties of moderator. R. S. c. 6, § 38. 

Selectmen pro tempore accepting the trust, shall be sworn 
faithfully to discharge the duties of said office, so far as relates 
to such meeting and election ; and in making a record and 
return of the votes, as the constitution or laws require, and in 
all matters incidental to the trust, they shall have the powers of 
permanent selectmen, and be subject to the same duties and 
liabilities. R. S. c. 6, § 39. 

Whenever any territory is set off from one town and annexed 
to another, the inhabitants of the territory set off, otherwise 
qualified, may vote for representative to congress, senators or 
representatives to the legislature, in the town to which they 
are annexed, if said town is within the congressional, senatorial, 
or representative district, as the case may be, to which they 
previously belonged ; otherwise, such inhabitants may vote for 
said officers in the town from which they were set off, until the 
5 



66 ELECTIONS PROCEEDINGS AT ELECTIONS. 

next congressional, senatorial, or representative apportionment 
has been made. R. S. c. 6, § 40. 

The officers presiding at any election, except for the choice of 
town officers, shall use the check' list herein required at the polls 
during the election of governor, senators, representatives, and 
other public officers requiring like qualifications in the electors, 
and use but one ballot box, to be furnished at the expense of 
the town ; and no votes shall be received unless delivered by 
the voter in person after he has audibly announced his name to 
the presiding officers, unless physically unable to do so, and they 
have had opportunity to be satisfied of his identity and find his 
name on the list and mark it, and ascertain that his vote is 
single. R. S. c. 6, § 41. 

Clerks of towns shall preserve the check lists used at the 
September elections, for one year without alteration, and shall 
furnish to any person a certified copy thereof within twenty days 
after demand and payment or tender of the legal charges there- 
for, under the penalty provided in section seventy-eight of chap- 
ter six of revised statutes. R. S. c. 6, § 42. 

The town, clerk shall have the list of voters provided for by 
sections forty-three and forty-four of chapter five of the revised 
statutes at every town meeting held for the choice of town 
officers required by law to be chosen by ballot, and it shall be 
kept and used as a check list at the polls by said clerk or 
moderator at such meeting, in the manner prescribed for select- 
men or assessors by section forty-one of chapter six of the 
revised statutes, if demanded by one-third of the voters present. 
R. S. c. 5, § 45. 

On petition for mandamus against the clerk of a town, pray- 
ing that the petitioner may be allowed to make examination of 
the ballots, votes, stickers and check lists in his custody which 
were used and unused at a state election and at which election 
•the petitioner was supported as a candidate for representative to 
the legislature the court Held, that the petitioner had a legal right 
to inspect the ballots, and that the town clerk must accord the 
same to him. "It does not follow, however, that the petitioner 
or anyone in his behalf can sort or count, or in any way handle or 
even touch the ballots. He can inspect them and they must 
be exposed to his inspection, but they are all the while in the 
custody of the clerk and he is responsible for them. The 
inspection must be in his presence, and he can make and insist 
on such regulations or restrictions consistent with the right of 



ELECTIONS — PROCEEDINGS AT ELECTIONS. 67 

inspection as will secure every ballot like any other record from 
loss, impairment or change in any respect. The clerk can 
afterwards reseal the package for greater security until inspec- 
tion is again required by some person interested." 92 Me. 159. 

Ballot boxes used at election shall be covered at the top with 
a slide only, which shall be kept shut, except when opened to 
receive a ballot ; but such boxes may contain mechanical devices 
which tend to prevent fraud in elections and do not materially 
abridge the rights of voters ; and if the presiding officers do not 
comply with the requirements of this chapter, or attempt to 
evade the same, they shall be subject to the penalties provided 
in section seventy-eight. R. S. c. 6, § 44. 

Any penalty provided in this chapter, which may be recovered 
by the treasurer, may, if the treasurer refuses or neglects for 
ten days after written request of any voter to commence suit 
therefor, be recovered by said voter in a suit in his own name, to 
the same uses as if recovered by said treasurer. R. S. c. 6, § 80. 

No ballot shall be received at any election of state or town 
officers, unless in writing or printing upon clean white paper 
without any distinguishing mark or figures thereon, besides the 
official endorsement the names of the persons voted for and the 
offices to be filled ; but no vote shall be rejected on this account 
after it has been received into the ballot box. R. S. c. 6, § 43. 
Applies only to election of town officers. See Australian Ballot 
Bill. The selectmen are the judges of what constitute dis- 
tinguishing marks. 54 Me. 602. 

When at a town meeting held for election of representatives 
to the legislature, in a town not classed with other towns as a 
representative district, by reason of persons having an equal 
number of votes, a full choice of representatives is not effected, 
the meeting shall be adjourned to the same day of the week 
following, and to the same hour and place at which the first 
meeting was called; and at such adjourned meeting the voters 
shall give in their votes for so many representatives as are 
necessary to make up the number to which said town is entitled ; 
and like adjournments shall be had until the full number is 
elected. R. S. c. 6, § 49. 

All town meetings, required for election of county treasurer, 
of register of deeds, of representatives to congress, or of electors 
of president and vice-president of the United States, or for the 
determination of questions submitted to the people by the legis- 
lature, shall, as to calling, notifying and conducting them, be 



68 ELECTIONS — PROCEEDINGS AT ELECTIONS. 

subject to the regulations made in this chapter for election of 
governor, senators and representatives, unless otherwise provided 
by law. R. S. c. 6, § 50. 

To determine the result of any election by ballot, the number 
of persons who voted shall first be ascertained by counting the 
whole number of separate ballots given in, which shall be dis- 
tinctly stated, recorded, and returned. No person ineligible to 
the office shall be declared elected; but such votes shall be 
counted, to determine whether any person has received the 
necessary number of all votes cast. In case of representatives 
to congress and members of the legislature, registers of deeds, 
and county and state officers, except where a different rule is 
prescribed in the constitution, the person or persons, not exceed- 
ing the number to be voted for at any one time for an}^ such 
office, having the highest number of votes given at such election 
shall be declared elected, and the governor shall issue a certifi- 
cate thereof. If, by reason of two or more persons receiving an 
equal number of votes, the election of the requisite number of 
officers cannot be declared without declaring more than the 
requisite number elected, no one of those having an equal num- 
ber of votes shall be declared elected. In all other cases no 
person shall be declared elected, who has not received a majority 
of the whole number of votes counted as aforesaid ; and if a 
number greater than is required to be chosen receive a majority 
of said whole number, the number so required, of those who 
have the greatest excess in votes over such majority, shall be 
declared elected. If the number to be elected cannot be so 
completed by reason of any two or more of such persons having 
received an equal number of votes, the persons having such 
equal numbers shall be declared not elected. In all cases not 
otherwise provided for, if no person eligible to the office receives 
the requisite number of votes to elect him, then the governor 
shall order a new election ; provided, however, that nothing in 
this section shall give the governor and council authority to 
determine questions of eligibility in cases of senators and repre- 
sentatives to the legislature. R. S. c. 6, § 51. 

The clerk of each town shall cause to be delivered at the 
office of the secretary of state, the returns of votes given in his 
town, for governor, senators, representatives to the legislature, 
representatives to congress, electors of president and vice- 
president of the United States, and for county officers, within 
thirty days next succeeding any meeting for their election, or 
shall deposit them, post paid, in some post office, directed to the 



ELECTIONS — PROCEEDINGS AT ELECTIONS. 69 

secretary of state, within fourteen days after such meeting, to 
be transmitted by mail; and shall also forward to such office, 
as soon as practicable, a statement attested by him of the num- 
ber of votes for said several officers, given at such election in his 
town, which shall be opened and filed by the secretary, and kept 
for public examinatiou. R. S. c. 6, § 54. 

If any such return is not received by the secretary of state 
within thirty days next after such meeting, he shall forthwith 
notify the county attorney of the county in which such town is 
situated, who shall give immediate notice thereof to the clerk 
of such town, and unless he receives satisfactory evidence that 
said clerk has complied with the requirements of the preceding 
section, he shall prosecute for the penalty hereinafter provided. 
R. S. c. 6, § 5b. 

When such original return is lost or destroyed, the selectmen 
and clerk of such town, on receiving information of such loss or 
destruction, shall forthwith cause a copy of the record of the 
meeting, at which such vote was given, to be made with their 
certificate upon the same sheet that it is a true copy of the 
record, that it truly exhibits the names of all persons voted for, 
for the offices designated, and the number of votes given for 
each at such meeting, and that said copy contains all the facts 
stated in the original return. R. S. c. 6, § 5Q. 

The selectmen and town clerk, who were present at the meet- 
ing and signed the original return, shall sign the certificate 
mentioned in the preceding section, designating their office 
against their names as in the original return, and make oath 
that said copy and certificate are true, before some justice of the 
peace of the county, who shall make certificate of such oath on 
the same paper. R. S. c. 6, § 57. 

Such copy and certificates shall then be sealed up, and 
directed to the secretary of state, with the nature of the con- 
tents written on the outside ; and the clerk of such town shall 
cause the same to be delivered into the office of the secretary of 
state, as soon as may be. R. S. c. 6, § 58. 

When the selectmen of any town not classed with others as a 
representative district, have knowledge that the seat of a repre- 
sentative thereof has been vacated, they shall forthwith issue 
their warrant, giving at least seven days' notice, for a meeting of 
the electors of said town to fill such vacancy ; and at such meet- 
ing like proceedings shall be had, as at any meeting held on the 
second Monday in September for the like purpose. R. S. c. 6, § 60. 



70 ELECTIONS ELECTION OF GOVERNOR. 



CHAPTER XV. 



ELECTIONS. 

ELECTION OF GOVERNOR. 

The meeting for the election of governor shall be notified, 
held, and regulated, and votes shall be received, sorted, counted, 
declared and recorded, in the same manner as those for senators 
and representatives. They shall be sealed and returned into 
the secretary's office in the same manner, and at the same time, 
as those for senators. Const, art. 5, § 3. 

The governor shall, at the commencement of his term, be not 
less than thirty years of age, a natural born citizen of the United 
States, have been five years a resident of the state, and at the 
time of his election, and during the term for which he is elected, 
be a resident of said state. No person holding any office or 
place under the United States, this state, or any other power, 
shall exercise the office of governor. Const, art. 5, §§ 4 and 5. 

A plurality of all the votes returned are necessary to an elec- 
tion. If no person has a plurality, the house of representatives 
shall, by ballot, elect two from the persons having the four high- 
est number of votes, if so many there be, and return them to 
the senate; and the senate shall, by ballot, elect one of them 
governor. Const, art. 5, § 3. 

The governor is commander-in-chief of the army and navy of 
the state, and of the militia, except when called into the actual 
service of the United States. Const, art. 5, § 7. 

When the office of governor becomes vacant, the president of 
the senate is governor. In case of vacancy in the office of presi- 
dent of the senate, who has been so acting as governor, the 
speaker of the house of representatives shall exercise the office 
until a president of the senate is chosen ; and, when all these 
offices are vacant at the same time, the secretary of state must, 
by proclamation, convene the senate, that a president may be 
chosen to exercise the office of governor. Const, art. 5, § 14. 



ELECTIONS — SENATORS AND APPORTIONMENT. 71 



CHAPTER XVI. 



ELECTIONS. 

ELECTION OF SENATORS AND APPORTIONMENT. 

The senate shall consist of not less than twenty nor more 
than thirty-one members, elected at the same time, and for the 
same term as the representatives. Const, art. 4, part 2, § 1 as 
amended. 

The meetings within this state for the election of senators 
shall be notified, held and regulated and the votes received, 
sorted, counted, declared, and recorded, in the same manner as 
those for representatives. And fair copies of the list of the 
votes shall be attested by the selectmen and town clerks of 
towns, and assessors and clerks of plantations, and sealed up in 
open town and plantation meetings ; and the town and planta- 
tion clerks respectively shall cause the same to be delivered 
into the secretary's office, thirty days at least before the first 
Wednesday of January. Const, art. 4, § 3. 

The state is divided into sixteen districts for the choice of 
senators, and each district shall be entitled to elect the number 
of senators herein provided, for the term of ten years. Resolves 
1901 c. 141. 

The county of York shall form the first district, and be 
entitled to elect three senators. 

The county of Cumberland shall form the second district, and 
be entitled to elect four senators. 

The county of Oxford shall form the third district, and be 
entitled to elect one senator. 

The county of Androscoggin shall form the fourth district, 
and be entitled to elect two senators. 

The county of Franklin shall form the fifth district, and be 
entitled to elect one senator. 

The county of Sagadahoc shall form the sixth district, and be 
entitled to elect one senator. 



72 ELECTIONS — SENATORS AND APPORTIONMENT. 

The county of Kennebec shall form the seventh district, and 
be entitled to elect three senators. 

The county of Somerset shall form the eighth district, and be 
entitled to elect two senators. 

The county of Piscataquis shall form the ninth district, and 
be entitled to elect one senator. 

The county of Penobscot shall form the tenth district, and be 
entitled to elect three senators. 

The county of Lincoln shall form the eleventh district, and be 
entitled to elect one senator. 

The county of Knox shall form the twelfth district, and be 
entitled to elect one senator. 

The county of Waldo shall form the thirteenth district, and 
be entitled to elect one senator. 

The county of Hancock shall form the fourteenth district, and 
be entitled to elect two senators. 

The county of Washington shall form the fifteenth district, 
and be entitled to elect two senators. 

The county of Aroostook shall form the sixteenth district, 
and be entitled to elect three senators. 

The senators shall be twenty-five years of age at the com- 
mencement of the term for which they are elected, and in all 
other respects their qualifications shall be the same as those of 
the representatives. Const, art 4, part 2, § 6. 

Form of return of election of senators may be the same as for 
representatives, the necessary changes being made. 



ELECTIONS — REPRESENTATIVES TO LEGISLATURE. 73 



CHAPTER XVIL 



ELECTIONS. 

ELECTION OF REPRESENTATIVES TO THE STATE 
LEGISLATURE. 

The house of representatives shall consist of one hundred and 
fifty-one members, to be elected by the qualified electors, and 
hold their office two years from the day next preceding the 
biennial meeting of the legislature. Amt. of Const, art. 25, § 2. 

The meetings for the choice of representatives shall be 
warned in due course of law by the selectmen of the several 
towns, seven days at least before the election ; and the select- 
men shall preside impartially at such meetings, receive the votes 
of all the qualified electors present, sort, count and declare them 
in open town meeting and in presence of the town clerk, who 
shall form a list of the persons voted for, with the number of 
votes for each person against his name, and make a fair record 
thereof, in presence of the selectmen, and in open town meeting ; 
and a fair copy of this list shall be attested by the selectmen 
and town clerk. Const, art. 4, § 5, part 1. See also succeeding 
chapter. 

Whenever the seat of a member shall be vacated by death, 
resignation, or otherwise, the vacancy may be filled by a new 
election. Const, art 4, § 6. When the selectmen of any town 
not classed with others as a representative district, have knowl- 
edge that the seat of a representative thereof has been vacated, 
they shall forthwith issue their warrant, giving at least seven 
days' notice, for a meeting of the electors of said town to fill 
such vacancy; and at such meeting like proceedings shall be 
had, as at any meeting held on the second Monday in September 
for the like purpose. R. S. c. 6, § 60. 

A plurality of votes is sufficient to elect representatives. See 
Proceedings at Elections. 

When, at a town meeting held for the election of represent- 
atives to the legislature in a town not classed with other towns 



74 ELECTIONS — EEPEESENTATIVES TO LEGISLATUEE. 

as a representative district, by reason of persons having an equal 
number of votes, a full choice of representatives is not effected, 
the meeting shall be adjourned to the same day of the week 
following, and to the same hour and place at which the first 
meeting was % called ; and at such adjourned meeting, the voters 
shall give in their votes for so many representatives as are 
necessary to make up the number to which said town is entitled ; 
and like adjournments shall be had until the full number is 
elected. R. S. c. 6, § 49. 

Notice of intention to contest the right of any person claim- 
ing to be elected to the house of representatives, with a state- 
ment of the reason for so doing, may be served on such person 
by the contestant at any time after the election, and shall be 
served at least fifteen days prior to the organization of the 
house ; and all testimony on either side shall be by depositions 
taken in accordance with the statute or by parol evidence and 
presented to said body within three days from the commence- 
ment of the session. If this law is not strictly complied with, 
except in extreme cases where injustice would be done if a con- 
tinuance was not allowed, the party neglecting shall be denied a 
postponement, and the committee on elections shall proceed to 
determine the case by the testimony before them. R. S. c. 6, 
§68. 

When any person intends to contest, before the house of 
representatives, the right of any other person to his seat therein, 
he shall present his petition to said house within three days after 
its organization, stating the grounds upon which he proposes to 
contest such seat. Depositions may be taken in the manner 
authorized by the provisions of chapter one hundred and nine of 
the revised statutes, in cases of contested senatorial elections. 
R. S. c. 6, § 69. 

Form of Certificate of the Election of Representative. 

State of Maine. 

At a legal meeting of the inhabitants of town of , in the county of 

, qualified by the constitution to vote for representatives, held on the 

second Monday of September, being the day of said month, A. D. , 

the said inhabitants gave in their votes for a representative to represent 
them in the legislature of this state ; and the same were received, sorted, 
counted, and declared in open town meeting by the selectmen who presided, 
and in the presence of the town clerk, who formed a list of the persons 
voted for, and made a record thereof as follows: 

For A. B. votes. 

For C. D. votes. 



ELECTIONS — REPRESENTATIVES TO LEGISLATURE. 75 

The whole number of votes given in was . 

A. B., 7 

C. D., > Selectmen of . 

E. F., ) 

Attest, A. B., Town Clerk. 

Blanks are furnished by secretary of state for returns made to 
him. 

The votes given must be in writing, and not in figures ; and 
the number of votes for each candidate, and the aggregate num- 
ber, must be inserted in the return. 

No person shall be a member of the house of representatives 
unless he shall, at the commencement of the period for which he 
is elected, have been five years a citizen of the United States, 
have arrived at the age of twenty-one years, have been a resident 
in this state one year, and for the three months next preceding 
the time of his election shall have been, and during the period 
for which he is elected shall continue to be, a resident in the 
town or district which he represents. Const, art. 4, part 1, § 4. 



CHAPTER XVIII. 



ELECTIONS. 

ELECTION OF REPRESENTATIVES IN CLASSED TOWNS. 

The meetings within this state for the choice of representa- 
tives shall be warned in due course of law by the selectmen of 
the several towns seven days at least before the election, and the 
selectmen thereof shall preside impartially at such meetings, 
receive the votes of all the qualified electors present, sort, count 
and declare them in open town meeting, and in the presence of 
the town clerk, who shall form a list of the persons voted for, 
with the number of votes for each person against his name, shall 
make a fair record thereof in the presence of the selectmen and 
in open town meeting. And the towns and plantations organ- 
ized by law, belonging to any class herein provided, shall hold 
their meetings at the same time in the respective towns and 
plantations ; and the town and plantation meetings in such towns 
and plantations shall be notified, held and regulated, the votes 



76 ELECTIONS REPRESENTATIVES IN CLASSED TOWNS. 

received, sorted, counted and declared in the same manner. 
And the assessors and clerks of plantations shall have all the 
powers, and be subject to all the duties, which selectmen and 
town clerks have and are subject to by this constitution. And 
fair copies of the lists of votes shall be attested by the selectmen 
and town clerks of towns, and the assessors of plantations, and 
sealed up in open town and plantation meetings ; and the town 
and plantation clerks respectively shall cause the same to be 
delivered into the secretary's office thirty days at least before the 
first Wednesday of January biennially. Const, art. 4, § 5. 

Form of a Certificate of Election. 

At a legal meeting of the inhabitants of the towns of qualified by the 

constitution to vote for representatives to the state legislature, to give in 
their votes for a representative to represent said towns as a representative 
district in the state legislature, the same were received, sorted, counted, 
and declared in open town meeting by the selectmen of said towns, who 
presided, and in the presence of the clerks of said towns, who formed lists 
of the persons voted for, and made record thereof, as follows: 

- votes for representative, 
votes for representative, 
votes for representative, 
votes for representative, 
votes. 

The whole number of ballots given in was ; and, the said A. B. hav- 
ing the highest number of all the votes given in, the said selectmen of said 
towns have delivered to him certified copies of said lists of votes as afore- 
said. 

Given under our hands this day of , A. D. 19 — . 

A. B., 7 

C. D., > Selectmen of . 

E. F., ) 

G. H., ) 

H. I., > Selectmen of . 

O. B., ) 

Blanks are furnished by secretary of state for returns made to 
him. 

When the selectmen of the oldest town in a district are noti- 
fied, or otherwise satisfied, that at the last meeting of the district 
for the election of a representative no choice was effected, or 
that the seat of their representative has been vacated, they shall, 
as soon as may be, leaving a convenient time for calling meetings 
in the several towns, appoint a day of election to fill such 
vacancy, and notify the selectmen of the other towns accord- 
ingly. R. S. c. 6, § 66. 



Town of 


, A, 


. B., 


Town of , 


C. 


D., 


Town of . 


A. 


B., 


Town of . 


, C. 


D., 



ELECTIONS .REPRESENTATIVES IN CLASSED TOWNS. 77 

The selectmen of the several towns shall call meetings upon 
the day appointed, and proceedings shall then be had as required 
by the constitution and laws for the election of representatives 
on the second Monday of September. R. S. c. 6, § 67. 

Towns and plantations classed into districts for the choice of 
a representative, have a right to choose one, though a majority 
of the towns may vote not to send. 6 Me. 486. It seems that 
a majority of voters cannot bind the minority by voting not to 
elect a representative. lb. 



CHAPTER XIX, 



ELECTIONS. 

APPORTIONMENT OF REPRESENTATIVES. 

The following is a full analysis of the "Resolve of nineteen 
hundred and one" for apportioning the representatives to the 
sixty-sixth legislature and to, and including the legislature of 
nineteen hundred and eleven. 

The county of Androscoggin shall choose twelve representa- 
tives, to be apportioned as follows : Lewiston, four ; Auburn, 
two; Lisbon, one; Poland and Durham, one : East Livermore 
and Wales, one ; Turner and Livermore, one ; Mechanic Falls 
and Minot, one ; Webster, Leeds and Greene, one. 

The county of Aroostook shall choose thirteen representa- 
tives, to be apportioned as follows : Caribou, one ; Fort Fairfield, 
one ; Presque Isle, one ; Houlton, one ; Madawaska, Frenchville, 
Saint Agatha, sixteen, range four-five and seventeen, range four- 
five, one; Limestone, Washburn, Woodlands, New Sweden, Per- 
ham, Stockholm plantation and Westmanland plantation, one ; 
Van Buren, Grand Isle, Hamlin plantation, Connor plantation, 
Cyr Plantation, Caswell plantation and seventeen, range three, 
one; Easton, Blaine, Mars Hill, Bridgewater, Westfield planta- 
tion and E plantation, one; Littleton, Monticello, Hammond 
plantation, Smyrna, Ludlow, Merrill plantation, Moro planta- 
tion, New Limerick, eight ranges three, four and five, seven, 
ranges three, four and five, and B, range two, one ; Linneus. 
Hodgdon, Cary plantation, Amity, Orient, Weston, Haynesville, 
Bancroft, Reed plantation, Glenwood plantation, Leavitt plan- 



78 ELECTIONS — APPORTIONMENT OF REPRESENTATIVES. 

tation and A, range two, one : Sherman, Island Falls, Oakfield, 
Dyer Brook, Hersey, Crystal plantation, Benedicta, Silver Ridge 
plantation, Molunkus plantation, Madwahoc plantation, one, range 
five, two, range four, three, ranges three and four, four, ranges 
three and four, one; Fort Kent, Wallagrass plantation, Saint 
Francis plantation, New Canada, Eagle Lake plantation, Winter- 
ville plantation, Allagash plantation, fourteen, ranges five, six, 
seven and eight, fifteen, ranges five, six and eight, sixteen, 
ranges six and eight, and all the unorganized townships west of 
range eight, in Aroostook county, one ; Ashland, Mapleton, Cas- 
tle Hill, Masardis, Sheridan, Portage Lake, Chapman, Wade, 
Oxbow, Garfield, Nashville, thirteen, ranges five, six, seven and 
eight, twelve, ranges seven and eight, eleven, ranges seven, 
eight and four, ten ranges three, four, six, seven and eight, nine, 
ranges, three, four, five, seven and eight, one. 

The county of Cumberland shall choose twenty-two represen- 
tatives, to be apportioned as follows : Portland, seven ; West- 
brook, two ; Brunswick, two ; South Portland, one ; Bridgton, 
one ; Gorham, one ; Freeport and Pownal, one ; Falmouth 
and Cumberland, one ; Windham and Cape Elizabeth, one ; 
Baldwin, Standish and Sebago, one ; New Gloucester, Gray and 
Raymond, one ; Otisfield, Harrison, Naples and Casco, one ; 
Harps well, for the years nineteen hundred and three, nineteen 
hundred and seven and nineteen hundred and eleven, one ; 
Scarboro, for the years nineteen hundred and five and nineteen 
hundred and nine, one ; North Yarmouth, for the year nineteen 
hundred and three, one ; Yarmouth, for the } r ears nineteen hun- 
dred and five, nineteen hundred and seven, nineteen hundred 
and nine and nineteen hundred and eleven, one. Harpswell 
shall choose one for the years nineteen hundred and four and 
nineteen hundred and eight, if, by amendment to the constitu- 
tion, annual and regular sessions of the legislature shall be held 
in those years. Scarboro shall choose one in the years nineteen 
hundred and six and nineteen hundred and ten, if, for the same 
reason, such sessions shall be held in those years. North Yar- 
mouth shall choose one for the year nineteen hundred and four, 
if, for the same reason, such session shall be held in that year. 
Yarmouth shall choose one in the years nineteen hundred and six, 
nineteen hundred and eight and nineteen hundred and ten, if, for 
the same reason, such sessions shall be held in those years. 

The county of Franklin shall choose four representatives, to be 
apportioned as follows : Farmington, Chesterville, Temple, Per- 



ELECTIONS — APPORTIONMENT OF REPRESENTATIVES. 79 

kins and Washington, one; Jay, Wilton and Carthage, one; 
Phillips, Weld, Salem, Madrid, Avon, Rangeley, Rangeley planta- 
tion, Dallas, Greenvale, Redington and all territory not included 
in any other district, one ; New Sharon, Industry, New Vine- 
yard, Freeman, Kingfield, Eustis, Strong, Lang, Coplin, Lowell, 
Jerusalem, Crocker and number four, range three, one. 

The county of Hancock shall choose eight representatives, to 
be apportioned as follows : Ellsworth, one ; Eden, one ; Mount 
Desert, Tremont, Swan's Island and Cranberry Island, one; 
Deer Isle, Stonington, Sedgwick, Isle au Haut and Eagle Island, 
one : Bluehill, Surry, Hancock, Lamoine and Trenton, one ; 
Bucksport, Penobscot, Dedham, Otis, Mariaville, Amherst and 
Verona, one ; Orland, Brooksville, Castine, Brooklin, Long 
Island and Aurora, one ; Franklin, Gouldsboro, Sullivan, Sor- 
rento, Winter Harbor, Eastbrook, Waltham, townships seven, 
eight, nine, ten, twenty-one and thirty-three, one. 

The county of Kennebec shall choose thirteen representatives, 
to be apportioned as follows : Augusta, two ; Waterville, two ; 
Gardiner, one ; Clinton, Winslow and Unity plantation, one ; 
Windsor, Benton, Albion and China, one ; Vassalboro, Pittston 
and Randolph, one ; Chelsea and Litchfield, one ; Manchester, 
Hallowell and Farmingdale, one ; West Gardiner, Monmouth 
and Winthrop, one ; Wayne, Fayette, Sidney, Belgrade and 
Vienna, one ; Readfield, Mount Vernon, Rome and Oakland, one. 

The county of Knox shall choose seven representatives, to be 
apportioned as follows : Rockland, two ; Rockport and Saint 
George, one ; Camden, Appleton and Hope, one ; Warren, 
Union and Washington, one ; Vinalhaven, South Thomaston, 
North Haven and Hurricane Isle, one; Thomaston, Cushing, 
Friendship, Matinicus Isle, Muscle Ridge and Criehaven, one. 

The county of Lincoln shall choose four representatives, to be 
apportioned as follows : Waldoboro, Jefferson and Bremen, one ; 
Bristol, Damariscotta, Nobleboro, Edgecomb and Monhegan, 
one ; Newcastle, Whitefield, Wiscasset, Dresden and Alna, one ; 
Boothbay, Boothbay Harbor, Southport, Westport and Somer- 
ville, one. 

The county of Oxford shall choose seven representatives, to 
be apportioned as follows : Rumford, one ; Norway, Oxford and 
Hebron, one ; Paris, Buckfield and Milton plantation, one : Por- 
ter, Hiram, Brownfield, Fryeburg and Lowell, one : Dixrield, 
Canton, Hartford, Sumner, Peru and Mexico, one : Woodstock, 
Greenwood, Albany, Stoneham, Stow, Sweden, Waterford and 



80 ELECTIONS APPORTIONMENT OF REPRESENTATIVES. 

Denmark, one ; Bethel, Mason, Gilead, Newry, Upton, Grafton, 
Hanover, Andover, Byron, Roxbury, Lincoln plantation, Magal- 
loway plantation, Batchelder's grant and all unorganized planta- 
tions, one. 

The county of Penobscot shall choose seventeen representa- 
tives, to be apportioned as follows : Bangor, three ; Brewer, one ; 
Old Town, one ; Springfield, Carroll, Winn, Kingman, Prentiss, 
Medway, Drew plantation, Lakeville plantation, Webster planta- 
tion and township number five, range one, N. B. P. P., one ; Lin- 
coln, Lee, Chester, Woodville, Mattamiscontis, Mattawamkeag 
and township number three, range one, N. B. P. P., one ; Orono 
and Bradley, one; Lagrange, Edinburg, Howland, Maxfield, 
Enfield, Passadumkeag, Lowell, Burlington, Seboeis plantation, 
Grand Falls plantation and Summit plantation, one ; Hampden, 
Orrington and Veazie, one ; Alton, Argyle, Greenbush, Green- 
field, Milford, Clifton, Eddington and Holden, one ; Charleston, 
Bradford, Corinth, Hudson and Kenduskeag, one ; Glenburn, 
Levant, Hermon and Carmel, one ; Newport, Exeter and Cor- 
inna, one ; Dixmont, Etna, Newburg, Plymouth and Stetson, one ; 
Dexter and Garland, one ; Patten, Mt. Chase, Millinocket, Stacy- 
ville plantation and all territory not otherwise classed, one. 

The county of Piscataquis shall choose four representatives, 
to be apportioned as follows : Dover, Sangerville and Parkman, 
one ; Foxcroft, Guilford, Abbot, Sebec, Barnard plantation and 
Bowerbank plantation, one ; Brownville, Katahdin Iron Works, 
Williamsburg, Atkinson, Orneville, Medford, Milo, College 
Townships and Lake View plantation, one ; Wellington, Kings- 
bury plantation, Blanchard, Shirley, Monson, Greenville, Squaw 
Mountain township, Gore A, number two, Day's Academy grant, 
number six, range thirteen, Chesuncook township, Northeast 
Carry township, Willimantic, Elliotsville plantation, Lily Bay 
township, Kineo and all townships not enumerated, one. 

The county of Sagadahoc shall choose four representatives, to 
be apportioned as follows : Bath, two ; Bowdoinham, Phipps- 
burg, Topsham and West Bath, one; Bowdoin, Richmond, Per- 
kins, Woolwich, Arrowsic and Georgetown, one. 

The county of Somerset shall choose seven representatives, to 
be apportioned as follows : Skowhegan, one ; Fairfield, Smith- 
field and Mercer, one ; Madison, Solon and Athens, one ; Pitts- 
field, Detroit and Palmyra, one; Norridgewock, Anson, New 
Portland and Starks, one ; Hartland, Harmony, Saint Albans, 
Ripley, Cambridge, Cornville and Canaan, one ; Bingham, Bige- 



ELECTIONS — APPORTIONMENT OF REPRESENTATIVES. 81 

low plantation, Brighton plantation, Carratunk plantation, Con- 
cord, Dead River plantation, Dennistown plantation, Embden, 
Flagstaff plantation, the Forks plantation, Highland plantation, 
Jackman plantation, Lexington plantation, Mayfield plantation, 
Moose River plantation, Moscow, Pleasant Ridge plantation and 
West Forks plantation, one. 

The county of Waldo shall choose five representatives, to be 
apportioned as follows : Belfast, one ; Winterport, Frankfort, 
Monroe, Brooks and Jackson, one; Burnham, Troy, Unity, 
Thorndike, Freedom, Montville and Knox, one; Prospect, 
Stockton Springs, Searsport, Swanville, Waldo and Isleboro, one ; 
Northport, Lincolnville, Searsmont, Belmont, Morrill, Liberty 
and Palermo, one. 

The county of Washington shall choose ten representatives, to 
be apportioned, as follows : Eastport, one ; Calais, one ; Lubec 
and Trescott, one ; Jonesport, Machiasport and Cutler, one ; 
Harrington, Columbia, Columbia Falls and Addison, one ; Cherry- 
field, Steuben, Milbridge, Deblois and Beddington, one ; Machias, 
Jonesboro, Roque Bluffs, Centerville, Whitneyville, Northfield 
and Wesley, one ; Pembroke, Perry, Charlotte, Meddybemps, 
Cooper, Alexander and Robbinston, one ; East Machias, Marsh- 
field, Crawford, Marion, Whiting, Dennysville, Edmunds and 
number fourteen plantation, one ; Princeton, Danforth, Vance- 
boro, Baileyville, Baring, Topsfield, Brookton, Waite, Forest 
City, Kossuth plantation, Talmadge, Codyville plantation, Lam- 
bert Lake plantation, number twenty-one plantation and Grand 
Lake Stream plantation, one. 

The county of York shall choose fourteen representatives, to 
be apportioned as follows : Biddeford, two ; Saco, one ; San- 
ford, one ; Parsonfleld, Cornish and Newfleld, one ; Waterboro, 
Shapleigh and Limerick, one ; Alfred, Lyman and Limington, 
one ; North Berwick, Lebanon and Acton, one ; Buxton and 
Hollis, one ; Kennebunk and Dayton, one ; South Berwick and 
Old Orchard, one ; Berwick and Wells, one ; Kennebunkport 
and York, one ; Kittery and Eliot, one. 

After a general representative apportionment has been made, 
conformably to the constitution, the legislature has not the con- 
stitutional power to alter the representative districts established 
by that apportionment. 33 Me. 586 ; Const, art. 4, § 3. 



82 ELECTIONS — REPRESENTATIVES TO CONGRESS. 



CHAPTER XX. 



ELECTIONS. 

THE ELECTION OF REPRESENTATIVES TO CONGRESS. 

The times, places, and manner of holding elections for senators 
and representatives shall be prescribed in each state by the legis- 
lature thereof ; but the congress may at any time, by law, make 
or alter any such regulations, except as to places of choosing 
senators. Const. U. S. art. 1, § 4. 

The house of representatives shall be composed of members 
chosen every second year by the people of the several states ; 
and the electors in each state shall have the qualifications 
requisite for the electors of the most numerous branch of the 
state legislature. Const. U. S. art. 1, § 2. 

Act providing for the choice of representatives to congress, 
approved March sixteenth, nineteen hundred and one, and to 
continue in force until an apportionment shall be made after 
taking the thirteenth census, is as follows : 

The counties of York and Cumberland shall compose the first 
district, and be entitled to one representative. 

The counties of Oxford, Franklin, Androscoggin, Sagadahoc, 
Knox and Lincoln shall compose the second district, and be 
entitled to one representative. 

The counties of Kennebec, Somerset, Waldo, and Hancock 
shall compose the third district, and be entitled to one repre- 
sentative. 

The counties of Penobscot, Piscataquis, Aroostook, and Wash- 
ington shall compose the fourth district, and be entitled to one 
representative. 

The representatives chosen in the several districts shall, at 
the time of their election, be residents therein. 

The election shall take place and be on the second Monday of 
September, nineteen hundred and two, and thereafter, biennally. 
P. L. 1901 c. 164. 



ELECTIONS REPRESENTATIVES TO CONGRESS. 83 

Town meetings for the election of the representatives to con- 
gress are to be called and conducted as those held for the election 
of governor, senators, and representatives, unless otherwise pro- 
vided by law. R. S. c. 6, § 50. 

In case there should be no choice of the representative to 
which any district may be entitled, the governor shall order a 
new election. Whenever a vacancy occurs in the representation 
of the state in the national house of representatives, the governor 
shall issue his proclamation for an election to fill the same. If 
congress is in session when such vacancy occurs, the proclama- 
tion shall issue forthwith ; otherwise, in season to secure repre- 
sentation at the next called or regular session of congress. 
R. S. c. 6, §§ 51 and 52. 

Two senators are elected by the legislature of each state, for a 
term of six years. U. S. Const, art. 1, § 3. 

Form of Return. 

State of Maine. 

At a legal meeting of the inhabitants of the town of , in the county 

of , qualified, by the constitution to vote for representatives in the legis- 
lature of this state, on the second Monday of September, being the day 

of said month, in the year one thousand nine hundred and , the said 

inhabitants gave in their votes for representative to represent this state in 

the congress of the United States, for the congressional district; and 

the same were received, sorted, counted, and declared in open town meet- 
ing by the selectmen who presided, and in presence of the clerk of said 
town; and the selectmen at such meeting made public declaration of the 
persons voted for, and the number of votes they respectively had; and the 
clerk formed a list of the persons voted for, and made a record as follows: 

For , votes. 

For , votes. 

The whole number of votes given in for representative in congress at said 

meeting was . 

A. B., ) 

C. D., > Selectmen of . 

E. F., ) 
Attest, , Town Clerk. 

Blanks are furnished by secretary of state for returns to him. 

Representatives to congress are elected by plurality. A repre- 
sentative must be twenty-five years of age, and have been seven 
years a citizen of the United States, and, when elected, an inhab- 
itant of the state in which he shall be chosen. U. S. Const, art. 
1, § 2. 



84 ELECTIONS ELECTION OF COUNTY OFFICERS. 



CHAPTER XXL 



ELECTIONS. 
ELECTION OF COUNTY OFFICERS. 

In each county and in each registry district a register of deeds 
shall be chosen by ballot, by persons qualified to vote for repre- 
sentatives at town meetings, on the second Monday of Septem- 
ber, in the year one thousand eight hundred and eighty-two, and 
every four years thereafter. R. S. c. 11, § 1. 

The meetings for such election shall be notified, held and 
regulated, and the votes received, sorted, counted, declared, and 
recorded, in the same manner as votes for representatives, and 
fair copies of the lists of votes shall be attested by the municipal 
officers and clerks of towns, and sealed up in open town meet- 
ing ; and town clerks shall cause them to be delivered into the 
office of the secretary of state within thirty days next succeed- 
ing such meeting. The governor and council shall, by the first 
day of December following, open and examine the same, and the 
lists of votes of citizens in the military service returned to said 
office. They have the same power to correct errors as is con- 
ferred by section five of chapter seventy-eight of the revised 
statutes ; and they shall forthwith issue certificates of election 
to such persons as have a plurality of all the votes for each 
county or registry district; and the person thus elected, and 
giving the bond required by the following section approved by 
the county commissioners, shall hold his office for four years 
from the first day of the next January, and until another shall 
be chosen and qualified. R. S. c. 11, § 2. 

He shall give bond with sufficient sureties to the county, in 
the sum of two thousand dollars for the faithful discharge of his 
duties. R. S. c. 11, § 3. 

Vacancies shall be filled by election in manner aforesaid, at 
the September election next after their occurrence; and in the 
meantime the governor, with the advice and consent of council, 
may fill vacancies by appointment, and the person so appointed 



ELECTIONS — ELECTION OF COUNTY OFFICERS. 85 

shall hold his office until the first day of January next after the 
election last mentioned. R. S. c. 11, § 4. 

The towns of Hiram, Porter, Brownfield, Denmark, Fryeburg, 
Sweden, Lovell, Stoneham, and Stowe, in the county of Oxford, 
compose the Western registry district of Oxford county, and the 
register shall keep his office at Fryeburg. R. S. c. 11, § 6. 

All that part of the county of Aroostook lying north of a 
line commencing at the southeast corner of township F, in the 
first range, west from the east line of the state, thence west on 
the south line of said township and the south line of township 
K in the second range, to township numbered fifteen in the third 
range, thence north to the northeast corner of township num- 
bered fifteen in the third range, thence west to the northwest 
corner of township numbered fifteen in the third range, thence 
south to the southwest corner of township numbered fifteen in 
the third range, thence west to the northwest corner of township 
numbered fourteen in the fourth range, then south to the south- 
west corner of township numbered fourteen in the fourth range, 
thence west on the dividing line of townships thirteen and four- 
teen to the seventh range line, thence north to the northeast 
corner of township numbered thirteen in the eighth range, 
thence west to the west line of the state, compose the northern 
registry district of Aroostook county and the register shall keep 
his office in the town of Madawaska. R. S. c. 11, § 7. 

The register of deeds of the Aroostook registry district of 
Aroostook county is hereby authorized to make copies in suita- 
ble volumes for preservation in the Aroostook registry, of the 
five volumes of Washington county records of deeds now in 
said registry, and of the certificates of the records thereof. 

The copy of each deed or instrument recorded in said five 
volumes, and of the certificate of the record thereof, shall be 
attested by said register as a true copy from the Washington 
county records of deeds in the Aroostook registry, and copies of 
the record of such copies and certificates shall be admissible in 
evidence in all cases where copies of the original records would 
be admissible. 

Said register shall receive such compensation for his services 
and expenditures in the premises, as may be allowed to him by 
any judge of the supreme judicial court, holding court in said 
county after said work is completed, to be paid out of the treas- 
ury of said county of Aroostook. P. L. 1891 c. 86. 



8b ELECTIONS — ELECTION OF COUNTY OFFICERS. 

Each register may appoint a clerk for whose doings and mis- 
doings he shall be responsible, who shall be sworn. In case of 
sickness, absence or any temporary disability of the register, 
such clerk shall make and sign for him all certificates, and make 
all entries and minutes required to be signed or made by the 
register, and such certificates, entries and minutes, shall be as 
valid as if made by the register. R. S. c. 11, § 5. 

In case of vacancy in the office of register and of his clerk in 
any county or registry district, the clerk of the judicial courts 
of the same county, being first sworn, shall perform all duties 
and services required of a register of deeds during such vacancy ; 
complete all unfinished business ; receive the same compensa- 
tion and be subject to the same liabilities, as a register of deeds ; 
and his certificate shall have the same effect as if made by the 
register. R. S. c. 11, § 8. 

The records in each registry office shall be made on a paper 
of firm texture ; well sized and finished, the principal ingredient 
of which is linen. The registers shall make an alphabetical 
index to the records without charge to the county, in the form 
known as ledger index, so that the same surname shall be 
recorded together in each column of index, or in lieu of such 
book shall make a suitable card index. All indexes made under 
the provisions of this section shall show, in addition to the names 
of the parties and the nature of the instrument, the date 
of the instrument, shall appear together, and all names in the 
town, city or incorporated place where the land conveyed is sit- 
uated. As often as every ten years the register shall revise 
and consolidate such index in such manner that all deeds 
recorded since the last revision of the index shall be indexed so 
that the same surnames shall appear together, and all names in 
alphabetical order. Such revised and consolidated index shall 
contain all data as to each and every such deed or other instru- 
ment, as is above set forth. For this work the register shall 
receive a reasonable compensation to be approved by the county 
commissioners of the respective counties, and drawn from the 
county treasury. Whenever for any cause it may become neces- 
sary to revise, renew or replace any index made before the pas- 
sage of this act, the new volume shall be made in conformity 
with the provisions hereof. R. S. c. 11, § 15. 

No city, county or state officer whose duty it is to record con- 
veyances of any kind, assignments, certificates or other docu- 
ments or papers whatsoever, shall draft or aid in drafting any 



ELECTIONS — ELECTION OF COUNTY OFFICERS. 87 

conveyance, assignment, certificate or other document or paper 
which he is by law required to record, in full or in part ; under 
a penalty of not exceeding one hundred dollars, to be recovered 
by any complainant by action of debt for his benefit or by indict- 
ment for the benefit of the county. 

In each county some resident thereof shall be chosen on the 
second Monday of September, 1880, and every two years there- 
after, by the ballots of person authorized by the constitution to 
vote for representatives. R. S. c. 12, § 1. 

The meetings for their election shall be notified, held, and 
all proceedings as provided for the election of register of deeds. 
R. S. c. 12, § 2. 

The person so elected and accepting shall give bond to the 
county for the faithful discharge of his duties in such sum as 
the commissioners order, and with such sureties as they approve 
in writing thereon, and shall hold his office for two years from 
the first day of the next January, and until another is chosen 
and qualified in his place. R. S. c. 12, § 3. 

If a person so chosen declines to accept, or a vacancy occurs, 
the governor, with the advice and consent of council, may appoint 
a suitable resident of the county, who, having accepted the 
trust, given bond, and been sworn, shall be treasurer for the 
remainder of the term and until another is chosen and qualified. 
R. S. c. 12, § 4. 

County commissioners shall be elected on the second Monday 
of September, 1880, and every two years thence following, by 
the written votes of electors qualified to vote for representatives. 
The votes shall be received, sorted, counted and declared, as 
votes for representatives are ; the names of the persons voted 
for, the number of votes for each, and the whole number of bal- 
lots received, shall be recorded by the clerk in the town records, 
and true copies thereof, sealed and attested as returns of votes 
for senators, shall be transmitted to the secretary of state within 
thirty days. R. S. c. 80, § 4. 

The board of commissioners shall consist of a chairman and 
two other citizens resident in the county, elected, or, in case of a 
vacancy, appointed by the governor, with the advice and consent 
of council. 

The chairman shall be designated by them at their first meet- 
ing on or after the first day of January annually, to act for one 
year. 



88 ELECTIONS — ELECTION OF COUNTY OFFICERS. 

Each county elects a board of commissioners. R. S. c. 80, § 1. 

Vacancies to occur by expiration of the term of office at the 
end of any year in which a biennial election is held, shall be 
filled by election on the second Monday of September in such 
year. 

If but one is elected he shall hold the office for six years ; if 
two, the one having the highest number of votes shall hold for 
six years and the next highest for four years ; if three, two shall 
hold as last provided and the other for two years. If two have 
an equal number of votes, the governor, with the advice and con- 
sent of council, shall designate who shall hold for the longer and 
who the shorter term. R. S. c. 80, § 2. 

Clerks of the judicial courts shall be elected and notified, their 
elections determined and vacancies filled in the same manner, 
and they shall enter upon the discharge of their duties at the 
same time as is provided respecting county commissioners, but 
they shall hold their offices for four years. R. S. c. 81, § 1. 

Before entering upon the discharge of official duty, each clerk 
shall be sworn and give a bond to the state, to be lodged in the 
office of its treasurer, approved by the governor and council in 
the sum of eight thousand dollars, with two or more sureties, 
conditioned that he will faithfully perform all the duties of his 
office, pay over all moneys, and safely keep and immediately 
deliver all records, files, papers, muniments in said office and 
property of the county, as required by law. R. S. c. 81, § 2. 

County attorneys shall be elected and notified, their elections 
determined and vacancies filled in the same manner, and they 
shall enter upon the discharge of their duties at the same time 
as is provided respecting county commissioners, but they shall 
hold office for two years, unless their terms of office are sooner 
terminated in the manner following, viz. : Upon the petition of 
not less than fifty adult citizens of any county, charging that the 
county attorney of such county has persistently failed to perform 
his legal duties, and specifying wherein he has so failed, the gov- 
ernor, upon hearing and satisfactory proof of such persistent 
failure, may remove such county attorney and fill the vacancy 
from the same political party to which said county attorney 
belongs, first giving to such county attorney, at least ten days 
before the date of the hearing, a copy of the charges and speci- 
fications against him and notice of the time and place of hearing 
thereon. None but a permanent resident of the county shall 



ELECTIONS ELECTION OF COUNTY OFFICERS. »9 

hold the office of county attorney and removal therefrom vacates 
the office. R. S. c. 81, § 16. 

Judges and registers of probate shall be elected by the people 
of their respective counties by a plurality of the votes given in 
at the biennial election, on the second Monday of September, and 
shall hold their offices for four years, commencing on the first 
day of January next after their election. 

Vacancies occurring in said offices by death, resignation or 
otherwise shall be filled by election in manner aforesaid, at the 
September election next after their occurrence, and in the mean- 
time, the governor, with the advice and consent of the council 
may fill said vacancies by appointment, and the persons so 
appointed shall hold their offices until the first day of January 
thereafter. Const, art. 6, § 7. 

Judges of probate are elected or appointed as provided in the 
constitution. Their election is effected and determined as is 
provided respecting county commissioners ; and they enter upon 
the discharge of their duties on the first day of January follow- 
ing ; but, when appointed to fill vacancies, their terms commence 
on their appointment. R. S. c. 65, § 2. 

Similar provision as to registers of probate. R. S. c. 65, § 19. 

No register shall be attorney or counsellor in or out of court 
in any suit or matter pending in the court of which he is register, 
nor in any appeal therefrom ; nor be administrator, guardian, 
commissioner of insolvency, appraiser or divider of any estate, 
in any case within the jurisdiction of said court except as pro- 
vided in section fifteen of chapter sixty-five of the revised 
statutes, nor be in any manner interested in the fees and emolu- 
ments arising therefrom, in such capacity ; nor commence or con- 
duct, either personally or by his agent or clerk any matter, peti- 
tion, process or proceeding in the court of which he is register, 
in violation of this section, and for each and every violation of 
the preceding provisions of this section, such register shall be 
punished by imprisonment for not more than one year or by fine 
of not more than one thousand dollars. No register shall draft 
or aid in drafting any document or paper, which he is by law 
required to record in full or in part, under a penalty of not 
exceeding one hundred dollars, to be recovered by any complain- 
ant in an action of debt for his benefit, or by indictment for the 
benefit of the county. R. S. c. 65, § 27. 

Sheriffs shall be elected by the people of their respective 
counties, by a plurality of the votes given in on the second Mon- 



90 ELECTIONS — ELECTION OF COUNTY OFFICERS. 

day of September, and shall hold their offices for two years from 
the first day of January next after their election. Vacancies 
shall be filled in the same manner as is provided in the case of 
judges and registers of probate. Const, art. 9, § 10. 

Sheriffs shall be elected or appointed and shall hold their 
offices according to the constitution, and their election shall be 
effected and determined as is provided respecting county com- 
missioners, and they shall enter upon the discharge of official 
duty on the first day of January following. 

In counties of York, Cumberland, Kennebec and Penobscot 
gives bond for 840,000. 

In the other counties 125,000. R. S. c. 82, § 1. 

Such bond to be approved by the county commissioners and 
held in office of treasurer of state. R. S. c. 82, § 2. 



CHAPTER XXII. 



ELECTIONS. 

ELECTIONS IN CITIES. 

For all purposes mentioned in sections thirty-four and fifty of 
revised statutes, chapter six, the inhabitants of cities shall meet 
as the constitution requires, in ward meetings, to be notified and 
warned, as town meetings for similar purposes are. The warden 
shall preside ; the clerk shall make such record as the constitu- 
tion requires ; and the city constable shall preserve order. R. S. 
c. 6, § 61. 

The electors resident in any city may, at any meeting duly 
notified for the choice of representatives, vote for such repre- 
sentatives in their respective ward meetings, and the wardens in 
said wards shall preside impartially at such meetings, receive the 
votes of all qualified electors present, sort, count, and declare 
them in open ward meetings and in the presence of the ward 
clerk who shall form a list of the persons voted for, with the- 
number of votes for each person against his name, shall make a 
fair record thereof in the presence of the warden and in open 



ELECTIONS — ELECTIONS IN CITIES. 91 

ward meetings ; and a fair copy of this list shall be attested by 
the warden and ward clerk, sealed up in open ward meeting, and 
delivered to the city clerk within twenty-four hours after the 
close of the polls. And the electors resident in any city may at 
any meetings duly notified and holden for the choice of any other 
civil officers for whom they have been heretofore required to 
vote in town meeting, vote for such officers in their respective 
wards, and the same proceedings shall be had by the warden and 
ward clerk in each ward, as in the case of votes for representa- 
tives. Const, art. 4, § 5 ; R. S. of Maine, page 30. 

If the warden is absent from any such meeting, or refuses or 
neglects to preside, a warden pro tempore shall be chosen, and 
during such choice the ward clerk shall preside ; and the warden 
pro tempore, accepting the trust, shall be sworn, and have the 
power and perform the duties of warden of such meeting, and 
shall be liable to like penalties. R. S. c. 6, § 62. 

If no choice of representative, aldermen to call new ward 
meetings within two weeks. R. S. c. 6, § 65. Also to call meet- 
ings when seat of any representative becomes vacant. lb. 

The several islands within the city of Portland, so far consti- 
tute two separate wards as to entitle the voters of each of said 
wards to choose a warden, ward clerk and one constable, who 
shall be residents of said islands and of their respective wards. 
The first of said wards comprises Long Island, Crotch Island, 
Hope Island, Jewell's Island and Little Chebeague Island, or 
such parts of said islands as are within the city of Portland, and 
the ward meetings of said first ward shall be held on Long Island. 
The second of said wards comprise the remaining islands within 
the city of Portland, and the ward meetings of said second ward 
shall be held on Peak's Island. The electors of each of said 
wards may meet as provided in section forty-one, also for the 
choice of city officers, at the place designated, and may on the 
day of election, vote for all officers named in the warrant calling 
the meeting. R. S. c. 6, § 63. 

The warden shall preside impartially at such meetings, receive 
the votes of all electors present, sort, count, and declare them in 
open meeting and in the presence of the clerk, who shall make a 
list of the persons voted for, with the number of votes for each 
person against his name, and the officers, respectively, and in 
open ward meeting and in the presence of the warden, shall 
make a fair record thereof; a fair copy of this list shall be 
attested by the warden and clerk, sealed up in open meeting, and 



92 ELECTIONS — ELECTIONS IN CITIES. 

delivered to the clerk of ward number one in said Portland with- 
in eighteen hours after closing the polls, and the votes thus 
thrown shall belong to the last-mentioned ward. R. S. c. 6, § 64. 

At the annual election for the choice of mayor and aldermen 
in cities, the electors, in each ward shall, by written ballot, elect 
a warden and clerk, who shall enter on their duties on the Mon- 
day following their election, and hold their offices one year there- 
from, and until others are chosen and qualified in their places. 
R. S. c. 4, § 36. Assessors and subordinate officers of cities, 
when charter does not otherwise provide, are chosen on second 
Monday of March annually. R. S. c. 4, § 35. 

Provisions in the charter of any city for the election of two 
persons to assist the warden in receiving, sorting and counting 
the ballots, are not affected by the provisions of the Australian 
Ballot Bill as amended ; but persons so elected shall be deemed 
election clerks for that purpose ; they shall equally represent the 
two political parties which, at the state election next preceding, 
cast the greatest number of votes. P. L. 1893 c. 267, § 2. 

Australian Ballot Bill, see Proceedings at Elections. 

For elections in any city see also the Charter of that City. 



CHAPTER XXIIL 



ELECTIONS. 

ELECTIONS IN PLANTATIONS. 

Commissioners of the counties containing unincorporated town- 
ships, shall, at the expiration of every period of five years from 
March, in the year of our Lord one thousand eight hundred and 
sixty-one, determine from the United States census, when taken 
the preceding year, and by actual enumeration when not so taken, 
what townships have not less than two hundred inhabitants, and 
make a suitable description and designation thereof, and return 
them to the secretary of state to be by him recorded. R. S. c. 
4, § US. 

Immediately after making such return, said commissioners 
shall issue their warrant to one of the principal inhabitants of 



ELECTIONS ELECTIONS IN PLANTATIONS. 9S 

each of such unincorporated townships, commanding him to no- 
tify the inhabitants thereof qualified to vote for governor, to 
assemble on a day and at a place named in the warrant, to 
choose a moderator, clerk, three assessors, treasurer, collector 
of taxes, constable, superintending school committee, and other 
necessary plantation officers. Notice of such meeting shall be 
given by posting an attested copy of the warrant therefor, in 
two public and conspicuous places in the township fourteen days 
before the day of meeting. The warrant with such inhabitant's 
return thereon shall be returned to the meeting, and the above 
named officers shall be chosen and sworn. R. S. c. 4, § 114. 

But any unincorporated or unorganized township containing 
any number of inhabitants may be organized as follows : One or 
more of the county commissioners on written application, signed 
by three or more persons qualified to be voters, inhabitants 
of any unincorporated or unorganized township in their 
county, may issue a warrant to one of them requiring him 
to warn a meeting of the voters of such township residing 
within the limits described in the warrant; or when a state or 
county tax is laid on such township the state treasurer or said 
commissioners without application therefor, may issue such war- 
rant to one of the principal inhabitants of such township ; and 
in either case the warrant, notice of meeting and proceedings 
therein, shall be the same as provided in the preceding section. 
R, S. c. 4, § 115. 

At the time and place appointed for meetings for the organi- 
zation of plantations under the two preceding sections, a mod- 
erator shall be chosen by ballot by the voters present, to pre- 
side at such meeting, and the person to whom the warrant was 
directed shall preside until such moderator is chosen and by 
him sworn. A clerk, three assessors, treasurer, and superintend- 
ing school committee shall be chosen by ballot, and sworn by 
the moderator or a justice of the peace. Other plantation offi- 
cers may be chosen by ballot, or other method agreed on by vote 
of the meeting, and shall be sworn in the manner above named. 
R. S. c. 4, § 116. 

Upon the organization of a plantation, the clerk and assessors 
shall transmit to the secretary of state, to be by him recorded, 
a certified copy of all proceedings had in effecting such organiza- 
tion, including the petition, if any, the warrant issued there- 
for and the return thereon, and the record of the meeting held 
in pursuance thereof, and a written description of the limits of 



94 ELECTIONS — ELECTIONS IN PLANTATIONS. 

the plantation ; and thereupon all laws applicable to organized 
plantations shall apply to plantations organized as herein pro- 
vided; but plantations organized upon application of three or 
more citizens as above provided, shall not be required to pay 
state or county taxes unless by special order of the legislature. 
R. S. c. 4, § 117. 

Organized plantations shall hold their annual meeting in 
March, and choose a clerk, three assessors, treasurer, collector of 
taxes, constable, superintending school committee, one or more 
surveyors of lumber, and two or more fence viewers ; and when 
money is raised for repair of ways and bridges, may choose one 
or three road commissioners, as towns may do. R. S. c. 4, § 118. 

Clerks of organized plantations shall make return to the secre- 
tary of state on blanks by him furnished for that purpose, on or 
before the first day of September annually, of the names of the 
assessors and clerks of their several plantations, and that the same 
have been sworn. When such return is not made by any such 
plantation, the secretary of state shall not furnish it with blanks 
for election returns, and no votes purporting to be cast by such 
plantation shall be counted or allowed by the governor and 
council. When a plantation is organized after the first day of 
July such return is not required to be made by the clerk thereof 
during that year. But the votes of such plantations shall not 
be counted or allowed by the governor and council for any pur- 
pose, during the year of its organization, unless it is organized at 
least sixty days prior to the second Monday in September. R. 
S. c. 4, § 119. 

Laws relating to calling, notifying, and conducting town 
meetings and to the election, appointment, qualification, duties 
powers, compensation, liabilities, and penalties for official neglect 
and misconduct of town officers, apply to plantations and their 
officers, so far as applicable thereto, except when specially other- 
wise provided. Voters in plantations are liable to the same pen- 
alties for unlawful voting as voters in towns. R. S. c. 4, § 120. 

Assessors of plantations shall be considered the selectmen 
thereof, for the purpose of performing such duties as the select- 
men of towns perform. Treasurers, collectors, and constables of 
plantations, shall give such bond as such officers of towns are 
required to give, to be approved in like manner. The valuation 
of property for the assessment of taxes in plantations, as well as 
the assessment, collection and disposal thereof, shall be the same 
as in towns. R. S. c. 4, § 121. 



ELECTIONS — ELECTIONS IN PLANTATIONS. 95 

The assessors of each plantation shall on or before the eleventh 
day of August in each year in which an election for governor, 
senators and representatives is held, prepare a list of such 
inhabitants, within its limits, as they judge to be constitutionally 
qualified to vote in the election of such state officers ; deposit it 
in the office of the plantation clerk ; and post and correct it in 
the manner required in case of towns. R. S. c. 6, § 118. 

They shall call a meeting of such voters, to be held on the 
second Monday of September in every such year, at some con- 
venient and central place in the plantation, for the election of 
governor, senators and representatives to the legislature, by 
a warrant in due form by them signed, in which the time, place 
and purposes of the meeting shall be set forth ; and notice shall 
be given by posting a copy thereof in one or more public places 
in the plantation at least seven days before the day of meeting. 
Similar notice shall be given of all meetings for choice of repre- 
sentatives to the legislature, or to congress, of state and county 
officers, and of electors of president and vice-president. R. S. 
c. 6, § 119. 

Such assessors shall preside impartially at all such meetings, 
receive the votes of all voters present, sort, count, and declare 
them in open plantation meeting and in presence of the clerk, 
who shall form a list of the persons voted for, with the number 
of votes for each person written out in words against his name, 
and make a full record thereof in presence of the assessors and 
in open plantation meeting. The clerk shall make fair copies 
of the list of voters so posted as corrected and of the names of 
all voters on said lists who were present and voted at said 
election, which shall be attested by the assessors and the clerk 
in open plantation meeting, and he shall cause the record of said 
votes to be delivered, within the time required by the constitu- 
tion and the laws, to the person appointed to receive them, and 
shall cause the copy of the list of voters and of the names of the 
persons present and voting, to be transmitted to the secretary of 
state with the record of votes aforesaid. R. S. c. 6, § 120. 

The votes so thrown shall be received and allowed for electors 
of president and vice-president of the United States, for governor, 
senators, and representatives, to the legislature, and to congress, 
and for county officers, the same as votes thrown in a town in 
said county. R. S. c. 6, § 121. 

Without a return by the assessors to the office of the secretary 
of state, of certain and definite limits to the plantation, the 
organization is defective and of no validity. 40 Me. 218. 



96 ELECTIONS — ELECTIONS IN PLANTATIONS. 

Contents of lost record of organization of a plantation for 
election purposes may be proved by parol evidence. 83 Me. 364. 

Organization presumed to have been valid after lapse of fifty 
years, the organization having been recognized in various ways. 
lb. 

Electors living on islands adjacent to the mainland along the 
coast of the state and within the jurisdiction thereof, but not 
incorporated with any town, and all such electors riving in other 
unorganized places may furnish lists of their polls and estates to 
the assessors of any adjacent town, on or before the first day of 
each April, and said assessors shall assess state and county taxes 
upon all such persons, and they shall be collected in the same 
manner and by the same officers as if such electors were inhab- 
itants of such town. And such electors so presenting their 
polls and estates may vote in such town in all elections for gov- 
ernor, senators, representatives and county officers. R. S. c. 6 r 
§ 75. 



CHAPTER XXIV 



ELECTIONS. 
RETURN OF VOTES. 

The clerk of each town shall cause to be delivered at the office 
of the secretary of state, the returns of votes given in his town, 
for governor, senators, representatives to the legislature, repre- 
sentatives to congress, electors of president and vice-president of 
the United States, and for county officers, within thirty days 
next succeeding any meeting for their election, or shall deposit 
them, post paid, in some post office, directed to the secretary of 
state, within fourteen days after such meeting, to be transmitted 
by mail ; and shall also forward to such office, as soon as practic- 
able, a statement attested by him of the number of votes for said 
several officers, given at such election in his town, which shall 
be opened and filed by the secretary, and kept for public examin- 
ation. R. S. c. 6, 8 54. 



ELECTIONS — KETUBN OF VOTES. 97 

If any such return is not received by the secretary of state 
within thirty days next after such meeting, he shall forthwith 
notify the county attorney of the county in which such town is 
situated, who shall give immediate notice thereof to the clerk of 
such town, and unless he receives satisfactory evidence that said 
clerk has complied with the requirements of the preceding sec- 
tion, he shall prosecute for the penalty provided by law. R. S. 
c. 6, § 55. 

When such original return is lost or destroyed, the selectmen 
and clerk of such town, on receiving information of such loss or 
destruction, shall forthwith cause a copy of the record of the 
meeting at which such vote was given, to be made with their 
certificate upon the same sheet, that it is a true copy of the 
record, that it truly exhibits the names of all the persons voted 
for, for the offices designated, and the number of votes given for 
each at such meeting, and that said copy contains all the facts 
stated in the original return. R. S. c. 6, § 56. 

The selectmen and town clerk, who were present at the meet- 
ing and signed the original return, shall sign the certificate men- 
tioned in the preceding section, designating their office against 
their names as in the original return, and make oath that said 
copy and certificate are true, before some justice of the peace of 
the county, who shall make certificate of such oath on the same 
paper. R. S. c. 6, § 57. 

Such copy and certificates shall then be sealed up, and directed 
to the secretary of state, with the nature of the contents written 
on the outside ; and the clerk of such town shall cause the same 
to be delivered into the office of the secretary of state, as soon 
as may be. R. S. c. 6, § 58. 

Form of the Return of Votes for Governor. 

At a legal meeting of the inhabitants of the of , in the county of 

, qualified as the constitution requires to vote for governor, held on the 

second Monday of September, being the day of said month, in the year 

of our Lord , the said inhabitants gave in their votes for a governor, 

and the same were received, sorted, counted, and declared in open 

meeting, by the who presided, and in presence of the clerk, who 

formed a list of the persons voted for, and made a record thereof, as follows: 
For, &c. A. B., 1 

C. D., > Selectmen of . 

E. F., ) 
Attest, A. B., Clerk. 



98 ELECTIONS RETURN OF VOTES. 

The return of votes for senators and other officers may be the 
same as for governor, with the necessary variations. The returns 
from the cities and plantations shall be in similar form, varying 
as their different organization may require. 

Forms for returns to be made to secretary of state are fur- 
nished by him. 



CHAPTER XXY 



ELECTIONS. 

ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 

The electors of president and vice-president shall be appointed 
in each state on the Tuesday next after the first Monday in 
November, in every fourth year succeeding every, election of a 
president and vice-president. The number of electors shall be 
equal to the number of senators and representatives in congress 
to which each state is entitled at the time the president and vice- 
president to be chosen come into office. The state may, by law, 
provide for filling vacancies. When any state fails to make a 
choice on the day prescribed by law, the electors may be appointed 
on a subsequent day, in such manner as the legislature of such 
state shall provide. U. S. Const, art. 2, § 2. 

Whenever the election of president and vice-president of the 
United States is to take place, there shall be chosen from the 
inhabitants of the state, as many electors of president and vice- 
president as the state is entitled to ; and on the Tuesday next 
after the first Monday in November of such year, the people 
qualified to vote for senators, shall assemble in town, plantation, 
city, or ward meeting, to be notified, held, and regulated in the 
manner prescribed by the constitution and laws for the election 
of such senators. R. S. c. 6, § 123. 

The votes shall be sorted, counted, declared and recorded ; 
and the returns of the number of ballots, and of the votes given 
for each elector, shall be made according to the constitution and 
laws to the secretary of state on or before the second Thursday 
after such meeting. R. S. c. 6, § 124. 



ELECTIONS — OF PRESIDENT AND VICE-PRESIDENT. 99 

Form of Return. 

At a legal meeting of the inhabitants of the town of , in the county 

of , qualified to vote for electors of president and vice-president of the 

United States, held on Tuesday, the day of November, A. D. 19 — , the 

said inhabitants gave in their votes for such electors, and the same were 
received, sorted, counted and declared in open town meeting, by the select- 
men who presided, and in presence of the town clerk, who formed a list of 
the persons voted for, and made record thereof, with the number of votes 
for each person on said list, against his name, as follows: 



For A. B., - 


— votes. 




For C. D., - 


— votes. 




Signed, 


G. H., 
H. I., 
O. B. 


> Selectmen of 

G. H., Town Clerk. 



Attest, 

The returns from the cities and plantations shall be in similar 
form, varying as their different organization may require. 

The secretary of state shall procure blank returns of the 
proper form for such cities, towns and plantations, and furnish 
them to the several clerks thereof at least thirty days before the 
day for the election of electors as aforesaid. R. S. c. 6, § 130. 

All laws in relation to the duties of city, town, and plantation 
officers, and of voters in the election of governor, senators and 
representatives to the legislature, and to the penalties incurred 
for their violation, apply, so far as applicable, to meetings held 
for the election of such electors, and to returns thereof. R. S. 
c. 6, § 131. 

The electors shall convene in senate chamber at Augusta on 
the Saturday preceding the second Monday of January next 
after their election. R. S. c. 6, § 127. 

Said electors, on said second Monday of January, shall vote 
by ballot for one person for president and one person for vice- 
president of the United States ; one of whom, at least, shall not 
be an inhabitant of this state ; they shall name in their ballots 
the person voted for as president, and in distinct ballots the 
person voted for as vice-president ; they shall make and sub- 
scribe three certificates of all the votes by them given, each of 
which shall contain two distinct lists, one of the votes given for 
president, and the other of the votes given for vice-president ; 
they shall seal them up and certify on each certificate, that a list 
of votes of the State of Maine for president and vice-president 
of the United States is contained therein. They or a majority of 



100 ELECTIONS OF PRESIDENT AND VICE-PRESIDENT. 

them shall, under their hands, appoint a person to take charge 
of one of said certificates, and deliver it at the seat of govern- 
ment of the United States, to the president of the senate of the 
United States, before the fourth Monday of the month of Janu- 
ary in which their meeting shall have been held; they shall 
forthwith forward by the post office, another of said certificates, 
directed to the president of the same senate, at the same seat of 
government ; and they shall forthwith cause the other certificate 
to be delivered to the judge of the district court of the United 
States for the district of Maine. R. S. c. 6, § 128. 

Electors shall receive as compensation ten dollars a day and 
such travel as members of the legislature receive. They may 
appoint a secretary and such other officers as they deem proper, 
who shall receive such reasonable compensation for their services 
as the electors shall allow them. R. S. c. 6, § 129. 



CHAPTER XXVI. 



ELECTIONS. 
GENERAL PROVISIONS. 

If any town officer, or such officer chosen pro tempore, will- 
fully neglects or refuses to perform any duty required of him, 
or willfully does, authorizes, or permits to be done, anything 
prohibited by the constitution or by law, he shall for each offense, 
forfeit not less than fifty, nor more than five hundred dollars, 
and be imprisoned not more than nine, nor less than three 
months, except where otherwise expressly provided. R. S. c. 6, 
§78. 

Any officer who (in certain, prescribed cases) makes a false 
certificate, and makes oath to its truth, shall be punished for 
perjury, and be disqualified from holding any office under the 
constitution and laws of this state for ten years. R. S. c. 6, § 88. 

Any municipal officer who strikes from the list of voters, after 
it has been prepared and posted, the name of any person resid- 
ing in the town, without the notice and opportunity for hearing 
provided by law, forfeits not less than twenty nor more than 



ELECTIONS — GENERAL PROVISIONS. 101 

one hundred dollars to be recovered in an action on the case, 
by the person whose name was struck out. R. S. c. 6, § 85. 

Whoever wrongfully alters, erases, or mutilates any name on 
a list of voters, or fraudulently votes in the name of another, or 
under an assumed name, shall for each offense be punished by 
fine not exceeding three hundred dollars or by imprisonment in 
the county jail not exceeding one year. R. S. c. 6, § 86. 

If a person, to whom returns of votes of any city, town, or 
plantation, for governor, senators or representatives in congress, 
are entrusted by the clerk thereof to be forwarded to the office 
of the secretary of state, willfully neglects to use all proper 
means for their delivery within the time required, he shall for- 
feit not less than one hundred, nor more than five hundred dol- 
lars, or to be imprisoned not less than two, nor more than six 
months. R. S. c. 6, § 89. 

At any meeting for the election of any officer, where a list of 
voters is necessary, whoever willfully votes before the presiding 
officer has had opportunity to find his name on said list, or 
knowing that it is not on it, or willfully gives any false answer 
or statement to the municipal officers of towns, cities or planta- 
tions when they shall be previously preparing such list, or presid- 
ing at such meeting, in order that his name or the name of any 
other person may be entered on such list, or his vote or that of 
another be received ; or cast more than one vote at one ballot- 
ing ; or is disorderly at such meeting, forfeits for each offense, 
not exceeding one hundred, nor less than ten dollars. R. S. c. 
6, § 92. 

Whoever by bribery, menace, willful falsehood, or other cor- 
rupt means, directly or indirectly attempts to influence any voter 
in giving his vote or ballot, or to induce him to withhold it, or 
disturbs or hinders him in the free exercise of his right of suf- 
frage, at any election held according to law and whoever receives 
or offers to receive a bribe for his vote as aforesaid shall be 
fined not more than five hundred dollars, or imprisoned not more 
than one year, and be ineligible to any office for ten years. R. 
S. c. 6, § 95. 

Whoever at any election of state and county, or municipal 
officers, or of electors of president and vice-president, knowingly 
votes in any city, town, or plantation where he has no legal 
right to vote, shall be imprisoned in the county jail not less than 
three months, nor more than one year. R. S. c. 6, § 96. 

No person shall make a bet or wager upon the result of any 



102 ELECTIONS — GENEKAL PROVISIONS. 

election in the state, in money or in any kind of property, real 
or personal, under penalty of forfeiting the money or property 
so bet or wagered, to the town in which he resides ; or if he does 
not reside in the state, then to the town in which the bet or 
wager is made, to be recovered in an action on the case. R. S. 
c. 6, § 97. 

All conveyances, by deed or otherwise, of any interest in real 
estate, made by reason of any such bet or wager, are void. R. S. 
c. 6, § 100. 

Whoever shall offer, or promise, or agree to receive any money 
or other valuable consideration for giving in his vote at any 
election held under the provisions of the constitution or of the 
sixth chapter of the revised statutes of this state, and shall in 
accordance with such offer, promise or agreement, give in his 
vote at such election, shall be fined not more than one hundred 
dollars, or imprisoned not more than one year, and shall be 
excluded from the right of suffrage for a term of ten years. R. 
S. c. 6, § 76. 

The secretary of state shall furnish the mayors of cities, the 
selectmen of towns and assessors of plantations with copies of 
this law in a printed form suitable to be posted in conspicuous 
places in the voting precincts of every city, town or plantation, 
and said officers shall cause such copies to be so posted. R. S. 
o. 6, § 77. 

If aldermen of cities, selectmen of towns, or assessors of plan- 
tations neglect to issue their warrant as required by law for a 
meeting for choice of state or county officers, representatives to 
the legislature, or to congress, or of electors of president and 
vice-president of the United States, they each forfeit fifty dollars 
to their city, town or plantation, to be recovered in action of 
debt by the treasurer, or by any citizen thereof when said treas- 
urer is a member of the delinquent board. R. S. c. 6, § 79. 

If any person required to summon the voters of a city, town 
or plantation to assemble at any meeting for choice of any offi- 
cers mentioned in the preceding section, neglects to do so, or to 
make due return of the warrant therefor, he forfeits twenty-five 
dollars to his city, town or plantation for each offense, to be 
recovered as provided in section eighty of chapter six ; but if he 
willfully neglects or refuses, he forfeits not less than fifty, nor 
more than two hundred dollars, half to the state and half to the 
prosecutor, to be recovered by indictment. R. S. c. 6, § 81. 

If selectmen of a town or assessors of a plantation willfully 



ELECTIONS GENERAL PROVISIONS. 103 

neglect to deposit a list of voters with the town or plantation 
clerk, and to post such lists, as are by law required, they each 
forfeit not less than fifty, nor more than one hundred dollars ; 
and for each day's neglect after the twentieth day of August, 
and until the state election next ensuing, they each forfeit thirty 
dollars. R. S. c. 6, § 82. 

If such selectmen or assessors willfully neglect or refuse to 
keep and use a check list, as provided in section forty-one, or 
willfully receive any vote prohibited by section forty-three or 
fraudulently receive the vote of any person not qualified to be 
an elector, as provided by the constitution, they each forfeit 
not less than fifty nor more than one hundred dollars. R. S. c. 
6, § 83. 

The penalties in the two preceding sections may be recovered 
in an action of debt, in the name and to the use of the town or 
plantation, where the offense is committed, to be prosecuted to 
final judgment at the request of any voter therein, by the treas- 
urer, unless he is one of the delinquent officers, and in that case, 
by one of the constables. R. S. c. 6, § 84. 

In no case, except as in sections seventy-nine and eighty-one, 
shall an officer of a town, incur any punishment, or be liable in 
damages by reason of his official acts or neglects, unless they are 
unreasonable, corrupt, or willfully oppressive ; but the neglect 
to prepare the list of voters ; to deposit it in the town clerk's 
office ; to post it, as required herein ; to call town meetings for 
elections ; to cause returns of votes, or copies thereof to be deliv- 
ered into the office of the secretary of state, as required by the 
constitution and laws ; or to make the records by law required, 
shall be deemed willful and unreasonable, unless the contrary is 
shown. R. S. c. 6, S 91. 



CHAPTER XXVII. 



POLITICAL CAUCUSES. 

No person shall take part or vote in any caucus of any politi- 
cal party unless qualified therefor by enrollment as hereinafter 
provided. R. S. c. 6, § 101. 

Any person who is a legal voter may enroll himself as a mem- 
ber of any political party by filing with the clerk of the town of 



104 POLITICAL CAUCUSES. 

which he is a legal voter a declaration in writing, signed by him, 
substantially as follows : 

I, , being a legal voter of , hereby elect to be enrolled as a mem- 
ber of the party. The following statement of name, residence, place 

of last enrollment if any, and party of last enrollment if any, is true. 

A new enrollment may be made at any time, but the person 
making such new enrollment shall not vote in any political 
caucus within six months thereafter if he designates a different 
political party from that named by him in the preceding enroll- 
ment. R. S. c. 6, § 102. 

The clerk of the town where the enrollment is made, as above 
provided, shall receive and file the same, indorsing thereon the 
date of filing, and shall record the name, residence, place of last 
enrollment and date of filing, in a separate book for the enroll- 
ment of members of each political party, entering the names 
alphabetically. Suitable blanks for such enrollment shall be 
provided by the town clerks and in addition thereto they shall 
provide books with proper headings, embodying the enrollment 
statements above provided, which the person desiring to enroll 
may fill out and sign, thereby enrolling himself with the same 
effect as by filing such enrollment paper. Such books shall be 
public records and shall at all times be open to public inspection. 
Any voter not previously enrolled may enroll as aforesaid up to 
the day of holding any caucus and may enroll himself during 
said caucus by subscribing and making oath to the following 
statement before the chairman of the caucus. 

I, , do solemnly swear that I am a qualified voter in this town, or 

ward, and have the legal right to vote in the caucus of the party. I 

am a member of that political party and intend to vote for its candidates at 
the election next ensuing. I have not taken part or voted at the caucus of 
any other political party in the six months last past. 

The secretary of the caucus shall indorse thereon whether the 
person subscribing and swearing to the same voted in said caucus, 
and within one week thereafter the secretary shall return said 
statement with the indorsement thereon to the clerk of the town 
wherein such caucus is held, and said clerk shall thereupon 
enroll said voter in the enrollment list of the party designated 
by him. Said statement shall be preserved as public records 
and shall be prima facie evidence in any court that said person 
took said oath and voted in said caucus. R. S. c. 6, § 103. 

Caucuses and meetings of political parties held for the purpose 
of nominating candidates or choosing delegates to assemble in 



POLITICAL CAUCUSES. 105 

convention to nominate any person to any public office whose 
name shall be placed on the final ballot, unless held under the 
provisions of sections one hundred and one to one hundred and 
twelve inclusive are hereby declared to be unlawful, and no 
political party shall have its political ticket placed on the final 
ballot unless the nominations of its candidates are made in 
accordance with the provisions of said sections, 'provided that this 
shall not be construed as preventing citizens' caucuses. R. S. c. 
6, § 104. 

All votes for the election of delegates to any political conven- 
tion for the nomination of a candidate for any public office shall 
be by ballot, written or printed, on plain paper. R. S. c. 6, § 
105. 

No person shall vote or offer to vote more than once for any 
candidate or delegate or set of delegates in any one caucus, nor 
shall he vote or offer to vote in any one caucus held in any 
caucus district in which he shall not at the same time be a legal 
voter. No person shall vote or offer to vote in any caucus 
where candidates or delegates are to be chosen, if he has already 
voted at the caucus of any other political party in the past six 
months. R. S. c. 6, § 106. 

No person whose right to vote is challenged shall be allowed 
to vote until he shall have taken the following oath, which shall 
be administered by the chairman of the caucus : "You do sol- 
emnly swear that you are a qualified voter in this town or ward, 
and have the legal right to vote in this caucus ; that you are a 
member of the political party holding the same and intend to 
vote for its candidates at the election next ensuing, and that you 
have not taken part or voted at the caucus of any other political 
party in the six months last past." The secretary of the caucus 
shall make a record of the administration of such oath, as pro- 
vided in section one hundred and three and with the same effect. 
R. S. c. 6, § 107. 

Notices of caucuses, signed by the chairman and secretary, or 
by a majority of the committee, shall be issued by each town 
committee not less than seven days prior to the day on which 
the caucuses are to be held. They shall be conspicuously posted 
in at least five places on the highways of each voting precinct, 
and shall state the place, day and hour of holding such caucuses. 
In case voting is by check list a sufficient time shall be allowed 
for all to vote, and the call for the caucus shall state the hours 



106 POLITICAL CAUCUSES. 

fixed by the committee for the opening and closing of the polls.. 
R. S. c. 6, § 108. 

No person shall pay or offer to pay to any voter any pecuniary 
compensation for the vote of such voter, or to influence his 
action at any caucus held under the provisions of the eight pre- 
ceding sections. R. S. c. 6, § 109. 

Voting lists as used in the election next preceding any cau- 
cus, shall be used as check lists, at such caucuses, if the town 
committee shall so determine and provide in the call, and such 
committee shall be required to provide for the use of such list 
upon written request, filed with the chairman or clerk of the 
committee, at any time before the call is posted, of voters of 
the party, to the number of not less than twenty in towns of two 
thousand and not exceeding five thousand inhabitants; and of 
not less than fifty in towns of five thousand or more inhabitants,, 
according to the last official census of the United States. The 
officials having charge of such voting lists shall furnish certified 
copies thereof for use in caucuses, upon application of such 
party committee, the expense thereof to be paid as other expenses 
of registration are now paid. No person shall be deprived of 
his right to vote in such caucus by reason of the fact that his 
name does not appear on such lists if he shall have become a 
legally qualified voter of such precinct subsequent to the last 
election, and shall be otherwise qualified to vote as provided in 
the nine preceding sections. R. S. c. 6, § 110. 

Whoever violates any provision of the ten preceding sections, 
or refuses to perform any duty required thereunder, or willfully 
makes a false statement of fact in his declaration of enrollment,, 
shall be punished by a fine not exceeding five hundred dollars, 
or by imprisonment not exceeding six months. R. S. c. 6, § 111.. 

The provisions of the eleven preceding sections shall not 
apply to towns of less than two thousand inhabitants, nor to 
cities of more than thirty-five thousand inhabitants, nor to cities 
wherein the calling and holding of caucuses, is regulated by 
special law until such special law is repealed. R. S. c. 6, § 112.. 

Whoever, by rude or indecent behavior, or in any way will- 
fully or unlawfully disturbs or interrupts any public primary 
political meeting or caucus or public convention, lawfully assem- 
bled in any hall or other place of meeting, for the purpose of 
nominating, or proposing candidates for any public office, or for 
the choice of delegates to conventions or other meetings called 
for such purpose, or creates a disturbance in any hall, walk or 



POLITICAL CAUCUSES. 107 

corridor adjacent or leading to the room where such caucus or 
convention is held, shall be punished by imprisonment for not 
more than thirty days, or by fine of not less than five, nor more 
than ten dollars. R. S. c. 6, § 113. 

Whoever, not being a voter in the ward, to voters of which 
such meeting or caucus by the call therefor is limited, or who- 
ever, being a voter in such ward, but not included in the 
description of those persons invited to such meeting or caucus 
by the call therefor, shall vote, or attempt to vote, or otherwise 
willfully or unlawfully participate in such meeting or caucus, or 
whoever shall willfully and knowingly give in, or attempt to 
give in, more than one vote or ballot upon any question sub- 
mitted to said meeting or caucus, or in any balloting that may 
be taken therein, shall be punished by imprisonment for not 
more than thirty days, or by fine of not less than five, nor more 
than ten dollars. R. S. c. 6, § 114. 

Any officer of any such caucus or of any public convention so 
assembled for the purpose aforesaid, or any person selected 
thereby or under the authority thereof, or any person assuming 
to act therein for the purpose of ascertaining or declaring the 
result of any vote or balloting that may there be had, who shall 
willfully and knowingly prevent any person from voting therein, 
having a right under the law and the terms of the call for such 
meeting so to do, or who shall willfully authorize or permit any 
person to vote therein, not entitled by law or the terms of the 
call to participate in such meeting, or who shall knowingly and 
willfully receive from any person more than one vote upon any 
question or in any single balloting therein, or who shall partici- 
pate in, or willfully and knowingly permit any false counting or 
declaring of any vote or balloting in said meeting, shall for such 
offense be punished by imprisonment for not more than thirty 
days or by fine of not less than ten, nor more than twenty dol- 
lars. R. S. c. 6, § 115. 

The city committee may in their discretion determine in their 
call for a caucus or convention whenever the right of any per- 
son to vote in any such primary meeting or caucus or convention, 
is challenged for reasonable cause by three or more persons 
present in such meeting, of whose right to participate therein 
the presiding officer has no doubt, such challenged person shall 
not vote unless the presiding officer shall, notwithstanding such 
challenge, be satisfied of his right and shall authorize him so 
to do, until all present, whose right to vote in such meeting is 



108 POLITICAL CAUCUSES. 

unchallenged, have had an opportunity to vote ; after which, and 
prior to the declaration of such vote, the question of the right 
of any person or persons so challenged to vote, shall be submit- 
ted by the presiding officer to such meeting, and the challenged 
vote or votes shall then be received, if such meeting shall so 
determine, and not otherwise. And if any person whose right 
to vote in such meeting has been thus challenged, shall, after 
such challenge and prior to such determination of his right so to 
do, vote upon the question of receiving his own vote or upon 
any other question in said meeting or caucus, he shall be pun- 
ished as prescribed in the preceding section. R. S. c. 6, § 116. 

The provisions of the four preceding sections shall be applica- 
ble only to cities of more than thirty-five thousand inhabitants. 
R. S. c. 6, § 117. 



CHAPTER XXVIII. 



THE QUALIFICATION AND REGISTRATION OF VOTERS. 

All persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United States 
and of the state wherein they reside. R. S. c. 5, § 1. 

Every male citizen who had the right to vote on the fourth 
day of January, eighteen hundred and ninety-three, together 
with those who were sixty years of age and upwards on said 
day, and every other male citizen, excepting paupers, persons 
under guardianship, and Indians not taxed, who, not being pre- 
vented by physical disability from so doing, is able to read the 
constitution of the state in the English language, in such man- 
ner as to show that he is neither prompted nor reciting from 
memory, and to write his name, and who is twenty-one years of 
age or upwards, and shall have his residence established in this 
state for the term of three months next preceding any national, 
state, city or town election, shall have the right to vote at every 
such election in the city, town or plantation where his residence 
is so established, provided, however, that his name has been 



QUALIFICATION AND REGISTRATION OF VOTERS. 109 

properly entered upon the voting list of such city, toAvn or plan- 
tation. " R. S. c. 5, § 2. 

Any applicant for registration as a voter, claiming exemption 
from the educational test recited in the preceding section, except 
those exempted by the provisions of said section, shall declare 
under oath, that he was a legal voter in this state on the 
fourth day of January, eighteen hundred and ninety-three, and, 
if required so to do, shall furnish such other reasonable evidence 
of the truthfulness of his statement as may be satisfactory to 
the officers whose duty it is to prepare voting lists. R. S. c. 
5, § 3. 

Every person whose name has not been entered upon the vot- 
ing lists in any city in accordance with the provisions hereof, 
must, if he desires to vote, appear in person at a place provided 
for registration and prove that he possesses all the qualifications 
of a voter. Every person qualified to vote, as hereinbefore pro- 
vided, shall vote only in the ward of the city, and voting pre- 
cinct thereof, if any, in which he had his residence on the first 
day of April preceding, or of his becoming an inhabitant after said 
day. R. S. c. 5, § 4. 

In each city of the state having four thousand or more inhab- 
itants, a board of registration appointed as provided in the fol- 
lowing section shall have exclusive power and authority to make 
up, correct and revise the list of voters in each of said cities. In 
all cities having less than four thousand inhabitants, the munici- 
pal officers shall make such list, exercising' the same powers 
and being governed by the same laws as municipal officers of 
towns having five hundred or more registered voters. R. S. c. 
•5, § 5. 

Such board shall consist of three members who shall be resi- 
dents and legal voters of the city where such board is estab- 
lished ; they shall not hold or be eligible to any state, county or 
city office however elected or appointed thereto so long as they 
shall continue members of said board. One member of said 
board shall be appointed and commissioned by the governor, by 
and with the consent of the council, for the term of four years. 
The other two members of the board shall be chosen one from 
the political party polling the highest number of votes for gov- 
ernor at the next preceding state election, and one from the 
political party polling the next highest number of votes for gov- 
ernor at said election ; they shall each hold their office for the 
term of three years ; each shall be nominated by the city com- 



110 QUALIFICATION AND REGISTRATION" OF VOTERS. 

mittee of his own political party, and upon due notice thereof 
in writing, the several mayors of said cities shall forthwith 
appoint such persons, so nominated, members of said board. If 
either or both of said political parties, refuses or neglects to sea- 
sonably nominate a member of such board and to notify the 
ma}^or of such city, said mayor shall thereupon select and 
appoint a member of said board from the political party so neg- 
lecting and refusing to nominate, and said mayor shall so 
appoint in all such cases of vacancy, whether caused by death, 
resignation, declination, neglect or refusal to act after being so 
appointed, or by election or appointment to any state, county or 
city office, or however such vacancy may be caused ; but in cases 
of necessity arising from the exigency of the public business, 
the other two members may proceed therewith as provided by 
this chapter until such vacancy shall be filled in the manner 
provided herein. And if any member of said board be absent 
or disqualified by sickness or otherwise, such mayor shall upon 
notice thereof forthwith fill his place by the appointment of some 
qualified elector of said city of the same political party as the 
absent member represents, to act in his absence. R. S. c. 5, 
§ 6 - 

The person appointed and commissioned by the governor shall 
preside at all meetings of the board, but shall not vote therein 
except in case of a tie. He shall give notice of the time and 
place of the sessions of the board and sign all orders and proc- 
esses issued by the same. If he is necessarily absent or disquali- 
fied by sickness or otherwise during any session of said board, 
the mayor of said city shall upon notice thereof, immediately 
appoint a qualified elector of the city, who shall be of the same 
political party as said chairman, to act in his absence. R. S. c. 
5, § 7. 

Said board shall have the exclusive power and authority to 
hear evidence and determine the qualification of voters in the 
city in which it is established. The presiding officer, at the 
request of any member shall cause any party or witness appear- 
ing before the board to be sworn ; any member of the board may 
administer oaths ; and the board shall have power to compel the 
attendance of witnesses ; to punish for contempt ; and to issue all 
jDrocesses necessary to the performance of the duties of the board. 
R. S. c. 5, § 8. 

The assessors of any city, by one or more of their number or 
by one or more assistant assessors, shall in the months of April 



QUALIFICATION AND REGISTRATION OF VOTERS. Ill 

and May in each year, visit every building in their respective 
cities and make true lists containing as near as can be ascertained 
from any owner or occupant thereof, the name, age, occupation 
and residence on the first day of April in the current, and his 
occupation and residence on the first day of April in the preced- 
ing year, or of his becoming an inhabitant after said last named 
clay, of every male person twenty-one years of age and upwards, 
residing therein and liable to be assessed for a poll tax; and 
shall ascertain if any such person has within the year next pre- 
ceding the first day of April of the current year moved from said 
building out of said city and taken up his residence elsewhere, 
and shall make diligent inquiries and true record concerning all 
matters required of them in this section. They shall make cor- 
rection of any error in the name or place of residence of a person 
assessed, on his personal application therefor, and on proof of 
the same, shall make proper correction thereof on their books. 
R. S. c. 5, § 9. 

The assessors shall promptly on or before the first day of July 
in each year, transmit to the boards of registration, the lists so 
made, or certified copies thereof, noting therein every change of 
name or residence of persons assessed a poll tax by them, and on 
or before said first day of July in each year, shall prepare street 
lists containing the name of every person assessed by them, or 
who has moved out of said city. Such lists shall be arranged by 
wards or voting precincts, if any. They shall prepare a copy of 
said street lists and deliver the same to their respective boards 
of registration on or before the fifteenth of said July. R. S. c. 
5, § 10. 

The assessors shall, in said street lists, arrange all buildings 
used as residences in the order in which they stand on the street 
or other place, by giving their number or other definite descrip- 
tion ; so that each building can be readily identified, and shall 
place opposite or under each number, as near as can be ascer- 
tained, the name, age, occupation and place of occupation of 
every person residing in said building on the first day of April 
of the current year and assessed a poll tax, with his residence on 
the first day of April of the preceding year or on the day of his 
becoming an inhabitant after said last named day. And said 
board of registration shall enter on the voting lists the name of 
every person assessed a poll tax for the current } T ear, as trans- 
mitted to them by the assessors, provided, every such name can 
be identified as having been borne upon the voting lists of the 
last preceding election. Each board of registration shall promptly 



112 QUALIFICATION AND REGISTRATION OF VOTERS. 

transmit to the assessors of its city, notice of any error in the 
name or residence of a person assessed, together with the name 
and residence of every male citizen who shall prove for the pur- 
poses of registration that he was a resident of the city on the 
first day of April of said current year, but whose name does not 
appear on the list transmitted to said board by said assessors. 
R. S. c. 5, § 11. 

Any assessor or assistant assessor, who shall knowingly or 
willfully enter or cause to be entered on any list of assessed polls,, 
the name of any person as a resident of any building, who is not 
a resident thereof, shall for each such offense be punished by a 
fine not exceeding three hundred dollars or by imprisonment in 
the county jail not exceeding one year. R. S. c. 5, § 12. 

Any inmate of a building liable to be assessed for a poll tax,, 
who shall refuse or neglect to give his true name when inquired 
thereof by any assessor or assistant assessor, and any owner or 
occupant of a building who shall refuse or neglect to give full 
and true information within his knowledge relating to all persons 
residing in such buildings when inquired thereof by any assessor 
or assistant assessor, or who shall knowingly or willfully give to 
an assessor or assistant assessor for the purpose of the assessment 
of a poll tax, the name of any person as a resident of a building,, 
who is not a resident therein, shall be punished for each . offense 
by fine not exceeding one hundred dollars or by imprisonment 
not exceeding six months. R. S. c. 5, § 13. 

Boards of registration shall keep a general register of voters 
containing the names and records of all voters entered from 
year to year on the voting lists under the provisions of this 
chapter, giving the full Christian name and the surname, or the 
full name or initial or initials of any other name or names he 
may have, date of registration, residence on the first day of 
April of the year of registration or on the clay of his becoming 
an inhabitant after said first clay of April, age, place of birth, 
occupation, place of occupation, how long resident of the city, 
place of casting his last vote, married or single, residence of 
wife or family, where naturalized, when naturalized, in what 
court, arranged under the following heads. When registered, 

; name, : residence, street and number, ; 

residence April first, street and number, ; place of birth, 

; age, ; date of birth, ; occupation, ; 

place of business, ; how long a resident of city, ; 

where last vote was cast, : married or single, ; res- 



QUALIFICATION AND REGISTRATION OF VOTERS. 113 

idence of wife or family, ; where naturalized, ; 

when naturalized, ; by what court, ; remarks. R. 

S. c. 5, § 14. 

Applicants under examination for registration shall be re- 
quired, unless prevented by physical disability from so doing, 
or unless he had the right to vote, on the fourth day of January, 
eighteen hundred and ninet}^-three, or unless he was sixty years 
of age and upwards on said day, to read in the English language 
other than the title, so much as may be necessary, from an offi- 
cial edition of the constitution, in such manner as to show that 
he is neither prompted nor reciting from memory, and to write 
his name in a book kept for the purpose. The name of the ap- 
plicant if admitted to registration, shall be announced in a clear, 
audible and distinct voice before entering his name on the reg- 
ister. R. S. c. 5, § 15. 

In making examination of an applicant, who is a naturalized 
citizen, he shall be required to produce for inspection his papers 
of naturalization, or a certificate of the same from the court 
where he was naturalized, and to make oath that he is the iden- 
tical person mentioned therein, and said board if satisfied that 
he has been legally naturalized, shall make a record or memo- 
randum upon said paper of the date of such inspection and 
enter it upon the general register, and also, in a book kept for 
that purpose, the name and location of the court by which said 
papers were issued, with the date thereof and the date of said 
inspection, together with the name of said applicant as it is 
spelled and recorded in said papers, which need not again be 
produced before said board for examination after they had once 
been passed upon and the above minutes thereof recorded on 
the papers and in the general register. R. S. c. 5, § 16. 

All meetings of said board of registration shall be open and 
public, and shall close on each day at nine o'clock in the after- 
noon, except as hereinafter provided. A record shall be kept 
of all names added to or stricken from the voting lists and of all 
other proceedings of said board. No name shall be added to 
or stricken from said voting lists except during the open sessions 
of said boards. R. S. c. 5, § 17. 

Said boards of registration shall prepare ward lists of voters 
of such persons as appear to them to be legally qualified voters, 
at least thirty days before any election to be held for any purpose, 
by placing upon such lists all the names which appear upon the 



114 QUALIFICATION AND REGISTRATION OF VOTERS. 

voting lists for the last preceding election, except the names of 
such persons as have died or ceased to reside therein, or shall 
appear to said board to have otherwise become disqualified to 
vote therein since said preceding election, but no new name 
shall be added during such preparation ; nor any other correction 
or revision of said list, except the correction of errors discovered 
to have been of the board's own making. And a certified copy 
of all such lists made in accordance with this section, shall be 
furnished to the clerk of such city by said board at least thirty 
days prior to any such election, and said clerk shall post said 
certified copies of said lists of voters in their respective wards, 
at or near the several voting places, customarily used as such in 
said cities, at least twenty-seven days prior to any such election, 
provided, hotvever, that in case of a failure to elect any munici- 
pal officer at any election, or any person elected declines to 
serve, so that a special election is held to fill the vacancy, or 
in case of a special election to choose representatives to con- 
gress or members of the legislature, the board shall not be re- 
quired to prepare, or the city clerk to post a new list of voters, 
and for this purpose said board shall be in session the three sec- 
ular days next preceding said election, the first two thereof to be 
devoted to registration of voters, and the last of said secular 
days to enable the board to verify the correctness of said lists 
and to complete and close up its records of said sessions. R. S. 
c. 5, § 18. ' 

Said board of registration shall be in session from nine in the 
forenoon to one o'clock in the afternoon, and from three to five 
o'clock in the afternoon and from seven to nine o'clock in the 
afternoon, in cities of not less than nineteen thousand inhabi- 
tants, on each of the twelve secular days next prior to any 
election ; on the first nine of said secular days, to receive evi- 
dence touching the qualifications of voters therein, and to revise 
and correct the voting lists, and on the latter three of said secu- 
lar days, to enable the board to verify the correctness of said 
lists and to complete and close up its records of said sessions. 
And in all other cities, for the same purpose, and at the same 
hours on each of the five secular days next prior to any election, 
the first four thereof to be devoted to registration as above, and 
the last one of said secular days to enable the board to verify 
the correctness of said lists and to complete and close up its 
records of said sessions. And on the last of said secular days, 
at five o'clock in the afternoon, certified copies of said voting 
lists shall be delivered to the clerks of said cities and receipts 



QUALIFICATION AND REGISTRATION OF VOTERS. 115 

taken therefor, except that on the last of said days devoted to 
registration and on the last of said days devoted to the records 
as above, the sessions of the board shall close at five o'clock in 
the afternoon, but no name shall be added to or stricken from 
said lists after five o'clock in the afternoon of the last of said 
days devoted to registration as above. Said board shall not 
place upon said lists during said revision of the same, the name 
of any person who shall not personally appear before said board 
and request it, and during said time said board shall revise and 
correct the voting lists. Nothing in this chapter shall be so 
construed as to require any voter, whose name is already upon 
any ward list and who afterwards moves from said ward to any 
other ward in said city, to appear personally before said board 
during the revision of the list in order to transfer his name 
from one ward list to another. The wardens of cities shall be 
governed by said revised and corrected lists ; and no names 
shall be added to or stricken from said lists on the day of 
election, and no person shall vote at any election whose name is 
not on said lists. No board of registration shall be answerable 
for any omission of a name or residence from the voting lists or 
for any error in the same, unless such name and residence are 
correctly entered in the general register of voters ; but on the 
day of election said board shall be in session, and shall give to 
any registered voter whose name has been omitted from the 
voting list, or in whose name or residence as placed on said 
voting list a clerical error has been made, a certificate signed 
by a majority of the board, giving the corrected name and resi- 
dence of such person, and directed to the officer presiding over 
the election ; such officer shall on receipt of such certificate, 
allow the person therein named to vote and shall check his name 
on the certificate, and securely attach the certificate to the vot- 
ing list. R. S. c. 5, § 19. 

When the right of any person to have his name placed upon 
such list is challenged by any qualified elector, or when the 
right of any person to have his name remain upon such list is so 
challenged, before said board shall add to or strike from said list 
the name of any such person, they shall issue a notice and sum- 
mons to said person so challenged and allow him a reasonable 
opportunity to be heard. Such notice and summons shall be 
served upon such person by an officer selected by the board, by 
giving him in hand or by leaving at his last and usual place of 
abode, an attested copy of said notice and summons, at least six 
hours before the closing of the final session of the board devoted 



116 QUALIFICATION AND REGISTRATION OF VOTERS. 

to the revision and correction of the voting lists. Said person 
and said board may also summon and examine other witnesses 
before said board concerning his right to vote, and if it appears 
to said board that such person is not or will not be qualified to 
vote at such election, they shall cause his name to be erased from 
said list and not add it thereto. And the list of voters in cities 
made under this chapter shall state the street, and so far as 
practicable, the number of the street where each voter resides. 
The residence of a voter as stated upon the list of voters used at 
the last preceding election, shall be deemed his last and usual 
place of abode, unless he shall have given notice in writing, over 
his own signature, or in person to the city clerk of a change of 
his residence, which notice, if given after the first day of April, 
shall entitle him to have his residence so corrected on the voting 
list to be used at the next subsequent election, but shall not en- 
title him to have his registration otherwise changed nor to vote 
in ward or precinct other than that in which he resided on said 
first day of April. Said clerk shall keep a record of all notices 
of change of residence, which record shall at all times be open to 
public inspection. R. S. c. 5, § 20. 

The clerks of cities shall be custodians of the records of said 
boards and of the revised and corrected lists of voters prepared 
by said boards for use at any election, and shall seasonably 
transmit to the wardens of cities a true and attested copy of such 
lists for their use on election day ; and said clerks shall keep 
said lists one }^ear and furnish certified copies thereof on applica- 
tion of any person and payment therefor, within ten days there- 
after ; for failure so to do they shall be punished by a fine not 
exceeding five hundred dollars or by imprisonment not exceeding 
one year. The wardens and ballot clerks shall certify on said 
voting lists that they are the lists used by them respectively at 
said elections. R. S. c. 5, § 21. 

The president of such board shall receive five dollars for each 
day that the board shall be in session for the revision and cor- 
rection of the voting lists and for completing the records thereof, 
and the other two members of said boards shall receive four dol- 
lars a day for such time. They shall also receive compensation 
not exceeding five dollars a day, to be fixed by the city council 
for such time as they are necessarily employed in making up and 
preparing such lists of voters, together with reasonable and nec- 
essary expenses including blank books, stationery and the neces- 
sary assistance of clerks, all of which shall be paid by the city 



QUALIFICATION AND REGISTRATION OF VOTERS. 117 

where such board is established, and each of said cities shall pro- 
vide a suitable place for holding the sessions of said board, and 
pay for the services of such officers as said board may employ 
and have in attendance to preserve order and execute its pre- 
cepts. All witness fees shall be paid at the established rates of 
fees before municipal courts. R. S. c. 5, § 22. 

Notices of the time and place of the sessions of such board to 
revise and correct said voting lists, shall be given by the presi- 
dent thereof and posted by the clerks of said cities at the same 
time and place as are the certified copies of the lists of voters ; 
and the voting lists as revised and corrected by said board of 
registration shall be used at each election held in said cities in 
the several wards thereof. R. S. c. 5, § 23. 

Any qualified elector in said cities may challenge the right of 
any person to vote in any ward of said cities at any election held 
therein and shall be given the opportunity by the presiding 
officer thereof, to make such challenge, and such presiding officer 
shall note the fact of such challenge upon the voting list used in 
such ward. R. S. c. 5, § 24. 

All notices of said boards, assessors, city clerks or of any 
other public officer relating to registration of voters or to elec- 
tions, shall be posted at or as near as may be to the places des- 
ignated for receiving votes on election days. R. S. c. 5, § 25. 

The clerk or register of deaths of each city shall, at least 
thirty-three days before each election, and on the first day desig- 
nated by said boards for the revision and correction of the voting 
lists and also on the last of said days set apart for such revision 
and correction, transmit to said boards, a certified list of the 
names of all male persons over twenty-one years of age deceased 
since the preceding election, or since the date of the preceding 
list, with the ward, street and number where such person resided 
at the date of death. R. S. c. 5, § 26. 

The board or officer in charge of the police force of any city 
shall, upon request so to do, by said boards detail a sufficient 
number of police officers to attend any meeting held by said 
boards and preserve order and enforce the orders of said boards. 
R. S. c. 5, § 27. 

Any member of said boards who shall refuse or willfully neg- 
lect to require any applicant for registration to whom the same 
is applicable, to read a portion satisfactorily to a majority of said 
board, other than the title, from some official edition of the con- 



118 QUALIFICATION AND REGISTRATION OF VOTERS. 

stitution, in such manner as to show that he is neither prompted 
nor reciting from memory, or to require such applicant to write 
his name in a book kept for the purpose, unless he is prevented 
by physical disability from so doing, or who knowingly shall 
prevent or seek to prevent the registration of any legal voter, or 
who knowingly shall register the name of any person not quali- 
fied to vote or who shall be guilty of any fraud or corrupt con- 
duct in the execution of the duties of his office, shall for each 
offense be punished by a fine not exceeding one thousand dollars 
or by imprisonment not exceeding two years. R. S. c. 5, § 28. 

Any city officer who shall willfully neglect or refuse to perform 
any duty required of him by law in matters relating to the regis- 
tration of voters, shall for each offense be punished by a fine not 
exceeding one thousand dollars or by imprisonment not exceed- 
ing two years. R. S. c. 5, § 29. 

Whoever causes his name to be placed upon the list of voters 
of more than one ward in any city for the same election, or 
causes any such act, or aids or abets any person in such act, shall 
be punished by a fine not exceeding one hundred dollars or by 
imprisonment not exceeding one year. R. S. c. 5, § 30. 

Whoever knowingly or willfully makes a false affidavit, or 
takes a false oath, or signs a false certificate regarding the quali- 
fication of any person for the assessment of a tax or for registra- 
tion, or injures or defaces any list of voters or any notice relating 
to the registration of voters in any city, or prevents or interferes 
with, or aids or abets any person in preventing or interfering 
with any public officer in the discharge of his duty relating to 
the registration of voters, shall for each offense be punished by a 
fine not exceeding three hundred dollars or by imprisonment in 
the county jail not exceeding one year. R. S. c. 5, § 31. 

Whoever causes his name to be registered knowing that he is 
not a qualified voter in the place where so registered, or falsely 
represents or attempts to represent himself as another person 
before any board of registration, or gives a false answer to said 
board concerning any matter relating to the registration of a 
voter, or the right of any person to vote, or aids or abets any 
other person in doing either of the acts above mentioned, shall 
for each offense be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment in the county jail not exceeding 
one year. R. S. c. 5, § 32. 

Whoever refuses to obey the lawful orders or directions of 
any board of registration, or interrupts or obstructs the proceed- 



QUALIFICATION AND REGISTRATION OF VOTERS. 119 

ings at any meeting for registration, shall be arrested, detained 
in custody until a warrant can be procured and shall for each 
offense be punished by a fine not exceeding fifty dollars or 
imprisonment not exceeding sixty days. R. S. c. 5, § 33. 

In every town, where the selectmen are not assessors, the 
assessors on or before the first day of August in each year in 
which an election of governor, senators and representatives is 
held, shall prepare a list of the persons whom they judge to be 
constitutionally qualified to vote therein at such election and 
deliver it to the selectmen. R. S. c. 5, § 34. 

The selectmen of every town, on or before the eleventh clay of 
August in every such year, shall prepare a corrected list of per- 
sons so qualified. R. S. c. 5, § 35. 

In every town, having by the census of the United States, 
then last taken, more than three thousand inhabitants, the select- 
men shall be in open session to receive evidence of the qualifi- 
cations of persons claiming the right to vote at any such election, 
and for the correction of said list, for a reasonable time, on not 
more than two days, between the eleventh and eighteenth days 
of August in every such year, giving previous notice of the time 
and place of each session, as their town meetings are notified. 
R. S. c. 5, § 36. 

On or before the twentieth day of August in every such year, 
the selectmen shall deposit in the office of the town clerk, an 
alphabetical list of voters thus prepared and revised, and post a 
similar list in one or more public places in the town. R. S. c. 5, 
§37. 

After such lists are thus prepared, deposited with the clerk, 
and posted, the selectmen shall not add thereto, nor strike there- 
from, the name of any person, except in open session on one of 
the days prescribed by law for receiving evidence of the qualifi- 
cations of voters ; nor shall they strike from said list the name 
of any person residing in the town, without notice first given to 
him that his right to vote is questioned, and an opportunity for 
a hearing on one of such days. But at any regular session for 
receiving such evidence, the selectmen shall place on the list of 
voters, the name of every person known by, or proved to them 
to be so qualified, whether he applies therefor or not. R. S. e. 
5, § 38. 

When a person of foreign birth exhibits to the selectmen of 
his town papers of naturalization, issued to him in due form by 
a court having jurisdiction, they shall, if satisfied of their genu- 



120 QUALIFICATION AND REGISTRATION OF VOTERS. 

ineness, and that such person is entitled to vote, approve such 
papers by a written indorsement thereon, with the date thereof, 
signed by one of them ; register in a book kept for that purpose 
the name of the person, the date of the papers, the date of 
approval, and the name of the court by which they were issued ; 
cause the name of such person to be entered on the list of vot- 
ers ; and continue his name on the successive lists so long as he 
continues to reside there and is in other respects qualified to vote. 
If they are of opinion, that such papers are not genuine, or were 
not issued to the person presenting them, or that he is not for 
other cause a voter, they shall not approve them or perform the 
other acts required ; but he shall not, by their refusal to approve 
his papers, or to enter his name, be deprived of his right to vote, 
upon satisfactory proof. R. S. c. 5, § 39. 

In all towns, cities not included, having five hundred or more 
registered voters, and in all cities having less than four thousand 
inhabitants, the municipal officers shall receive applications of 
persons claiming a right to vote, on the three secular days next 
preceding the day of election, and no application shall be received 
after the hour of five in the afternoon on the secular day next 
preceding the day of election ; and no names shall be added to 
the list of voters on the day of election, by certificate or other- 
wise, except such as were upon the list used at the last preceding 
election, and have been inadvertently omitted by the selectmen ; 
and on that day no change shall be made in names except to cor- 
rect clerical errors therein. R. S. c. 5, § 40. 

In every town containing less than five hundred voters, the 
municipal officers shall be in session on the day of any such elec- 
tion to receive and decide on such applications, at some conven- 
ient place, for so long a time immediately preceding the opening 
of the polls as they think necessary, and shall hear and determine 
any such application at any time before the polls are closed. R. 
S. c. 5, § 41. 

The municipal officers shall order notice of the time and place 
of all their sessions required or authorized in the two preceding 
sections, to be given in the warrant for calling the meetings for 
such elections. R. S. c. 5, § 42. 

The selectmen shall make a correct alphabetical list of the 
inhabitants in their towns qualified to vote in the choice of town 
officers, and deposit it in the office of the town clerk, and post a 
copy thereof in one or more public places in such town, on or 
before the twentieth day of February, annually. R. S. c. 5, § 43. 



QUALIFICATION AND REGISTRATION OF VOTERS. 121 

The}' shall be in session at some convenient time and place to 
be by them notified in the warrant for calling the meeting in 
such town, on the secular da)' next preceding the annual elec- 
tion hi March, or on the morning of the day of election, to hear 
and decide upon the applications of persons claiming to have 
their names entered upon said list ; and such session, when held 
on a secular day preceding the election, shall continue at least 
three hours, and when held on the day of election, shall continue 
until the election of town officers required by law to be elected 
by ballot, has been completed. R. S. c. 5, § 44. 

The town clerk shall have the list of voters provided for by 
the two preceding sections, at every town meeting held for the 
choice of town officers required by law to be chosen by ballot, 
and it shall be kept and used as a check list at the polls by said 
clerk or moderator at such meeting, in the manner prescribed 
for selectmen or assessors by section forty-one of chapter six ; if 
demanded by one-third of the voters present. R. S. c. 5, § 45. 

If the town clerk or moderator presiding at such meeting will- 
fully neglects or refuses to comply with the preceding section, 
he forfeits not less than fifty, nor more than one hundred dollars, 
to be recovered in an action of debt in the name and for the use 
of the town, to be prosecuted by the treasurer at the request of 
any voter therein. R. S. c. 5, § 46. 



CHAPTER XXIX, 



AUSTRALIAN BALLOT LAW. 

All ballots cast in elections for national, state, district and 
county officers in cities, towns and plantations, and all ballots 
cast in municipal elections in cities, shall be printed and distrib- 
uted at public expense as hereinafter provided. The printing 
of the ballots and cards of instructions to voters, shall in munic- 
ipal elections in cities be paid for by the several cities respec- 
tively, and in all other elections the printing of the ballots and 
cards of instructions, and the delivery of them to the several 
cities and towns, shall be paid for by the state. The distribu- 



122 QUALIFICATION AND REGISTRATION OF VOTERS. 

tion of the ballots to the voters shall be paid for by the cities, 
towns and plantations respectively. R. S. c. 6, § 1. 

The term state election, as used in this act, shall apply to 
any election held for the choice of a national, state, district or 
county officer, whether for a full term or for the filling of a 
vacancy, and the term state officer shall apply to any person to 
be chosen by the qualified voters at such an election. The term 
city election shall apply to any municipal election so held in a 
city, and the term city officer shall apply to any person to be 
chosen by the qualified voters at such an election. lb. 

Any convention of delegates, and any caucus or meeting of 
qualified voters, as hereinafter defined, and individual voters to 
the number and in the manner hereinafter specified, may nomi- 
nate candidates for public office, whose names shall be placed upon 
the ballots to be furnished as herein provided. R. S. c. 6, § 2. 

Any convention of delegates representing a political party 
which, at the gubernatorial election next preceding, polled at 
least one per cent of the entire vote cast in the state for gov- 
ernor, or in the electoral district or division thereof for which 
the nomination is made, and any caucus held by such a political 
party in any such electoral district or division, may for the state, 
or for the district or division for which the convention or caucus 
is held, as the case may be, by causing a certificate of nomina- 
tion to be duly filed, make one such nomination for each office 
therein to be filled at the election. Every such certificate of 
nomination shall state such facts as may be required as above 
for its acceptance, and as are required in section five of this 
chapter ; shall be signed by the presiding officer or by the secre- 
tary of the convention or caucus ; and shall be sworn by the party 
signing, to be true, and a certificate of the oath shall be annexed 
to or made on the certificate of nomination. R. S. c. 6, § 3. 

Nominations of candidates for any offices to be filled by the 
voters of the state at large, may be made by nomination papers 
signed in the aggregate for each candidate by not less than one 
thousand qualified voters of the state. Nominations of candi- 
dates for electoral districts or divisions of the state, or for mu- 
nicipal or ward officers, may be made by nomination papers 
signed in the aggregate for each candidate, by qualified voters of 
such district or division not less in number than one for every 
one hundred persons who voted at the next preceding guberna- 
torial election in such district or division, but in no case less 
than twenty-five. In the case of a first election to be held in a 



AUSTRALIAN BALLOT LAW. 123 

plantation, town or ward newly established, the number of 
twenty-five shall be sufficient for the nomination of a candidate 
who is to be voted for only in such plantation, town or ward ; 
and in the case of a first election in a district or division newly 
established, other than a plantation, town or ward, the number 
of twenty-five shall be sufficient. Each voter signing a nomina- 
tion paper shall make his signature in person, and add to it his 
place of residence, and each voter may subscribe to one nomina- 
tion for each office to be filled, and no more. The nomination 
papers shall before being filed, be respectively submitted to the 
clerks of the cities, towns or plantations in which the signers 
purport to be qualified voters, and each clerk to whom the same 
is submitted shall forthwith certify thereon what number of the 
signatures are names of qualified voters both in the city, town 
or plantation for which he is clerk and in the district or division 
for which the nomination is made ; one of the signers to each 
such separate paper shall swear to the truth thereof, and the cer- 
tificate of such oath shall be annexed to or made upon the nomi- 
nation papers. R. S. c. 6, § 4. 

All certificates of nomination and nomination papers shall, be- 
sides containing the names of candidates, specify as to each, 
first, the office for which he is nominated ; second, the party or 
political principle which he represents, expressed in not more 
than three words ; third, his place of residence. In the case of 
electors of president and vice-president of the United States, the 
names of the candidates for president and vice-president may be 
added to the party or political appellation. R. S. c. 6, § 5. 

Certificates of nomination and nomination papers for the nom- 
ination of candidates for state and county officers and represent- 
atives to the legislature, shall be filed with the secretary of 
state on or before the tenth day of August of each year in which 
such election is held, and for candidates for electors of president 
and vice-president on or before the tenth day of October in each 
year when such election is held. Such certificates and papers 
for the nomination of candidates for the offices of mayor and all 
other offices in cities shall be filed with the city clerks of the 
respective cities at least seven days, exclusive of Sundays, pre- 
vious to the day of such election. Such certificates and papers 
for the nomination of candidates to be voted for at any special 
election to be held for choice of representatives to congress or 
members of the legislature shall be filed with the secretary of 
state at least seven days, exclusive of Sundays, previous to the 
day of election. With nomination papers and certificates shall 



124 AUSTRALIAN BALLOT LAW. 

also be filed the consent in writing of the person nominated. 
R. S. c. 6, § 6. 

The certificates of nomination and nomination papers being 
filed, and being in apparent conformity with the provisions here- 
of, shall be deemed to be valid ; and if not in apparent conform- 
ity, they may be seasonably amended under oath. R. S. c. 6, § 7. 

In case a candidate who has been duly nominated under the 
provisions hereof shall die before the day of election, or shall 
withdraw in writing, the vacancy may be supplied by the politi- 
cal party or other persons making the original nomination, in 
the manner herein provided for such nomination ; or, if the time 
is insufficient therefor, then the vacancy may be supplied, if the 
nomination was made by a convention or caucus in such manner 
as the convention or caucus has previously provided for the pur- 
pose, or in case of no such previous provision, then by a regularly 
elected general or executive committee representing the polit- 
ical party or persons holding such convention or caucus. The 
certificates of nomination made for supplying such vacancy, 
shall state, in addition to the other facts required by this chap- 
ter the name of the original nominee, the facts causing the 
vacancy, and the measures taken in accordance with the above 
requirements for filling the vacancy ; said certificate shall be ac- 
companied by the withdrawal, if any, and shall be signed and 
sworn to by the presiding officer or secretary of the convention 
or caucus, or by the chairman or secretary of the duly authorized 
committee, as the case may be. The name so supplied for the 
vacancy shall, if the ballots have not been printed for the office 
already, be placed on the ballots, instead of the original nomina- 
tion ; or, if the ballots have been printed, new ballots contain- 
ing the new nomination shall, whenever practicable, be fur- 
nished, or, slips containing the new nomination shall be printed 
under the direction of the secretary of state, which may be 
pasted in proper place upon the ballots and thereafter shall be- 
come part and parcel of said ballots as if originally printed 
thereon. R. S. c. 6, § 8. 

All certificates of nomination and nomination papers when 
filed shall forthwith be opened and kept open under proper 
regulations to public inspection, and the secretary of state and 
the several city clerks shall preserve the same in their respec- 
tive offices not less than one year. R. S. c. 6, § 9. 

Every general ballot, or ballot intended for the use of all 
voters, which shall be printed in accordance with the provisions 



AUSTRALIAN BALLOT LAW. 125 

of this chapter, shall contain the names and residences, ward 
residences in city elections, of all candidates whose nominations 
for any office specified in the ballot have been duly made and 
not withdrawn in accordance herewith, and the office for which 
they have been severally nominated and shall contain no other 
names except that in case of electors of president and vice-pres- 
ident of the United States the names of the candidates for pres- 
ident and vice-president may be added to the party or political 
designation. The names of candidates nominated by any party 
shall be grouped together upon the ballot. Above each group 
shall be placed the name of the political party by which the 
candidates comprising such group were placed in nomination, or 
by the political designation as described in the certificate of 
nomination, or nomination papers under a square. If only one 
person be nominated by any party, or under any political desig- 
nation, his name with the office for which he is a candidate shall be 
printed by itself under the name of such party or political desig- 
nation. A blank space shall be left after the name of the can- 
didates for each different office in which the voter may insert 
the name of any person, for whom he desires to vote as candi- 
date for such office. Whenever the approval of a constitutional 
amendment or other question is submitted to the vote of the 
people, such question or questions shall be printed upon a sep- 
arate ballot. The ballots shall be so printed as to leave a 
blank space, above such amendment or question so as to give 
each voter a clear opportunity to designate by a cross mark (X) 
therein, his answers to the questions submitted and on the bal- 
lot may be printed such words as will aid the voter to do this 
as "yes," "no," and the like. The ballot shall be not less than 
four inches in width and not less than six inches in length. 
Before distribution the ballots shall be so folded in marked 
creases that their width and length when folded shall be uni- 
form. On the back and outside, when folded, shall be printed 
"Official ballot for," followed by the designation of the polling 
place for which the ballot is prepared, the date of the election 
and a fac-simile of the signature of the secretary of state or city 
clerk who has caused the ballot to be printed. Except as other- 
wise herein provided, ballots shall be printed upon clean white 
paper without any distinguishing mark or figures thereon. R. S. 
c. 6, § 10. 

All ballots when printed shall be folded as hereinbefore pro- 
vided, and fastened together in convenient numbers in packages, 
books or blocks, in such manner that each ballot may be detached 



126 AUSTRALIAN BALLOT LAW. 

and removed separately. A record of the number of ballots, 
printed and furnished to each polling place shall be kept and 
preserved by the secretary of state and the several city clerks 
for the term of one year. R. S. c. 6, § 11. 

There shall be provided for each voting place, at which an 
election is to be held, two sets of such general ballots and two 
sets of ballots containing any constitutional amendment or other 
question submitted to the vote of the people, each of not less 
than sixty for every fifty and fraction of fifty votes cast in said 
voting place at the next preceding election, city, state or 
national, corresponding to the election for which said ballots are 
to be provided. R. S. c. 6, § 12. 

The secretary of state in case of a state election, and the sev- 
eral city clerks, in case of city elections, shall prepare full 
instructions for the guidance of voters at such elections, as to 
obtaining ballots, as to the manner of marking them, and the 
method of gaining assistance, and as to obtaining new ballots in 
place of those accidentally spoiled, and they shall respectively 
cause the same, together with copies of sections twenty-nine, 
thirty, thirty-one and thirty-two of this chapter to be printed 
in large, clear type, on separate cards, to be called cards of 
instructions ; and they shall respectively furnish the same and 
the ballots for use in each such election. They shall also cause 
to be printed on tinted paper, and without the fac-simile 
endorsements, ten or more copies of the form of the ballot pro- 
vided for each voting place at each election therein, which shall 
be called specimen ballots, and shall be furnished with the other 
ballots provided for each such voting place. R. S. c. 6, § 13. 

The secretary of state shall, seven days at least, previous to 
the day of any election of state or county officers, transmit 
to the clerks in each city, town and plantation in which such 
election is to be held, printed lists containing the names, resi- 
dences and party or political appellations of all candidates nomi- 
nated as herein provided for such election and to be voted for 
at each polling place in each such city, town and plantation 
respectively, substantially in the form of the general ballot to be 
so used therein ; and the clerks shall immediately cause the lists 
for each plantation, town or ward, as the case may be, to be con- 
spicuously posted in one or more public places in such planta- 
tion, town or ward. The secretary of state shall likewise cause 
to be published prior to the day of any such election, in at least 
two newspapers, if there be so many, printed or published in 
each county, representing, so far as practicable, the political par- 



AUSTRALIAN BALLOT LAW. 127 

ties which, at the preceding election, cast the largest and next 
largest number of votes, a list of all the nominations made as 
herein provided and to be voted for in such county, so far as 
maybe, in the form in which they shall appear upon the gen- 
eral ballots. New nominations made or authorized shall be 
transmitted, posted and published promptly, and so far as prac- 
ticable in the manner herein directed, and communications 
transmitted as herein directed by the secretary of state to any 
clerk, shall be duplicated on the succeeding day. R. S. c. 6, § 14. 

The city clerk of each city shall four days at least prior to 
the day of any city election therein, cause to be conspicuously 
posted in one or more public places in each ward of such city, a 
printed list containing the names, residences and party or poli- 
tical appellations of all candidates nominated as herein pro- 
vided, and to be voted for in such ward, substantially in the 
form of the general ballot to be so used therein ; and he shall 
likewise cause to be published, prior to the day of such election, 
in at least two newspapers, if there be so many, printed or pub- 
lished in such city, representing the political parties which cast 
at the preceding election the largest and next largest number of 
votes, a list of all the nominations made, as herein provided, and 
to be voted for in such city, so far as may be, in the form in 
which they shall appear upon the general ballots. R. S. c. 6, § 15. 

The secretary of state shall send, separately and at different 
times or by different methods, the two sets of general and special 
ballots, together with the specimen ballots, and cards of instruc- 
tions, printed by him, as herein provided, to the several city, town 
and plantation clerks, so as to be received by them, one set 
seventy-two hours at least previous to the day of election, and 
the other set forty-eight hours at least previous thereto. The 
same shall be sent in sealed packages, with marks on the out- 
side clearly designating the polling place for which they are 
intended and the number of ballots of each kind enclosed ; and 
the respective city, town and plantation clerks shall on delivery 
to them of such packages, return receipts therefor to the secre- 
tary. The secretary shall keep a record of the time when, and 
the manner in which the several packages are sent, and shall 
preserve for the period of one year the receipts of the city, town 
and plantation clerks. R. S. c. 6, § 16. 

The two sets of ballots together with the specimen ballots and 
cards of instructions printed by the city clerks as herein provided, 
shall be packed by them in separate sealed packages, with marks 



128 AUSTRALIAN BALLOT LAW. 

on the outside clearly designating the polling places for which 
they are intended, and the number of ballots of each kind 
enclosed. R. S. c. 6, § 17. 

The several city, town and plantation clerks, or municipal 
officers, shall send to the presiding election officer or officers of 
such voting place before the opening of the polls on the day of 
election one set of ballots so prepared, sealed and marked for 
such voting place, and a receipt of such delivery shall be returned 
to them from the presiding election officer or officers present, 
which receipt, with a record of the number of ballots sent, shall 
be kept in the clerk's office for one year. At the opening of the 
polls in each polling place the seals of the packages shall be pub- 
licly broken, and the packages shall be opened by the presiding 
election officer or officers, and the packages, books or blocks of 
ballots shall be delivered to the ballot clerks hereinafter provided 
for. The cards of instruction shall be immediately posted at or 
in each voting shelf or compartment provided in accordance with 
this chapter for the marking of the ballots, and not less than three 
such cards and not less than five specimen ballots shall be imme- 
diately posted in or about the polling rooms outside the guard 
rails. The second set of ballots shall be retained by the respec- 
tive city, town and plantation clerks until they are called for or 
needed for the purposes of voting, and upon the requisition in 
writing of the presiding election officer or officers of any voting 
place, the second set of ballots shall be furnished to such voting 
place in the manner above provided as to the first set. R. S. c. 
6, § 18. 

In case the ballots to be furnished to any city, town or planta- 
tion or voting place therein, in accordance with the provisions 
hereof, shall fail for any reason to be duly delivered, or in case 
after delivery they, shall be destroyed, lost or stolen, it shall be 
the duty of the clerk or municipal officers of such city, town or 
plantation to cause other ballots to be prepared substantially in 
the form of the ballots so wanting and to be furnished ; and upon 
receipt of other such ballots from him or them, accompanied by a 
statement under oath that the same have been so prepared and 
furnished by him, and that the original ballots have so failed to 
be received or have been so destroyed, lost or stolen, the election 
officers shall cause the ballots so substituted to be used in lieu of 
the ballots wanting as above. R. S. c. 6, § 19. 

The municipal officers, sixty days before any election, may 
divide towns of more than four thousand inhabitants and wards 
of cities into convenient polling districts, which shall contain 



AUSTRALIAN BALLOT LAW. 129 

not less than three hundred voters in each, defining the limits 
thereof by a writing under their hands to be filed with and 
recorded by the city or town clerks ; and attested copies thereof 
shall forthwith be posted by said clerks in not less than six pub- 
lic and conspicuous places in said town or ward, and the same 
shall be published in one or more of the newspapers, if any, 
printed in said city or town, thirty days at least before such 
election. They shall also ten days before any such election, 
appoint a warden and ward clerk for each polling place other 
than the one in which the warden duly elected for such ward 
shall preside, who shall perform the same duties at elections as 
presiding officers and clerks of towns and wards now perform. 
Any vacancy occurring after appointment may be filled by the 
voters of said polling district as similar vacancies are now filled. 
All such officers shall be sworn. The board of registration of 
voters for any city in which a ward has been so divided, and the 
municipal officers of any town which has been so divided, shall in 
the manner now provided for by law, prepare check lists of the 
qualified voters for each of said polling districts, in lieu of the 
check lists now provided by law for the entire town or ward, to 
be used as hereinafter provided, and all provisions of law appli- 
cable to check lists for towns and wards shall apply to check lists 
for such polling districts. R. S. c. 6, § 20. 

The municipal officers of cities, towns and plantations voting 
in accordance with the provisions of this chapter, shall biennially 
in the month of May appoint clerks for each polling place ; and 
such municipal officers shall appoint as such clerks such per- 
sons as shall be recommended for such appointment by the sev- 
eral political party committees of the several cities, towns or 
plantations, representing the two political parties which, at the 
gubernatorial election next preceding such appointment, cast the 
greatest number of votes. R. S. c. 6, § 21. 

For each polling place in cities and towns four clerks, and for 
each polling place in plantations, and for each island ward of the 
city of Portland and for the island district of the town of Cum- 
berland two clerks shall be appointed. Said clerks shall equally 
represent each of the political parties which cast the largest num- 
ber of votes in the state election next preceding their appointment. 
Each of said clerks shall be sworn to the faithful performance of 
his duties, and shall hold office for two years from the date of his 
appointment, and until a successor is appointed and qualified, or 
he vacates the office. Vacancies occurring in the office of elec- 

9 



130 AUSTRALIAN BALLOT LAW. 

tion or ballot clerks shall be forthwith filled by the municipal 
officers in towns and plantations and by the mayors of cities in 
manner hereinbefore provided. lb. 

Such election clerks shall attend at the times and places desig- 
nated for meetings in their respective wards, towns or plantations 
for the election of any national, state, county, city or ward officers, 
and for the determination of any question submitted to the quali- 
fied voters of any city by lawful authority, shall be present at 
and witness the counting by the presiding election officer or offi- 
cers of all votes cast in such meetings, and shall receive such 
reasonable compensation for each day's actual service as the 
municipal officers of their respective cities, towns and plantations 
may determine. And on the recommendation of the political 
party committee of any other party represented on the official 
ballot, said municipal officers shall appoint one such election clerk 
in each polling place, for such political party, who shall be quali- 
fied for the performance of his duties, in like manner as the clerks 
of the two before mentioned parties, shall hold office for a like 
term, or for such part thereof as the party for which he is 
appointed maintains its right to be represented upon the official 
ballot, and who during said term shall have like rights and duties 
with the before mentioned clerks to be present at and witness the 
counting of votes, and shall serve with or without compensation 
as the municipal officers in any case may deem advisable, vacan- 
cies occurring in case of said clerks to be filled as in case of other 
clerks herein mentioned. lb. 

No person shall be eligible to the position of election clerk in 
any ward, town or plantation where he is a candidate to be voted 
for. lb. 

Two of the clerks in each polling place, one from each politi- 
cal party shall be detailed by the municipal officers to act as 
ballot clerks. The two ballot clerks thus detailed and appointed 
in each polling place shall have the charge of the ballots therein 
and shall furnish them to the voters in the manner hereinafter 
set forth. lb. 

A duplicate list of the qualified voters in each ward, town or 
plantation shall be prepared for the use of the ballot clerks, and 
all the provisions of law relative to the preparation, furnishing 
and preservation of check lists shall apply to such duplicate lists. 
lb. 

Provisions in the charter of any city for the election of two 
persons to assist the warden in receiving, sorting and counting 



AUSTRALIAN BALLOT LAW. 131 

the ballots, are not affected by the provisions hereof ; but persons 
so elected shall be deemed election clerks for that purpose ; they 
shall equally represent the two political parties which, at the 
state election next preceding cast the greatest number of votes. 
lb. 

The municipal officers in each city, town or plantation, as 
aforesaid, shall cause the polling places therein to be suitably 
provided with a sufficient number of voting shelves and compart- 
ments, at or in which voters may conveniently mark their ballots 
so that in the marking thereof they shall be screened from the 
observation of others, and each voting shelf and compartment 
shall have a wooden swing door so arranged that the top thereof 
shall be not less than six feet from the floor and the bottom of 
the door shall be at least two feet and six inches from the floor. 
And such door shall be shut while the voter is within the com- 
partment and no one shall be allowed therein with him, unless 
he calls for assistance in the marking of his ballot and such assist- 
ance shall be so furnished according to the provisions of this act, 
and a guard rail shall be so constructed and placed that only such 
persons as are inside said rail can approach within six feet of the 
ballot boxes and of such voting shelves and compartments. The 
arrangements shall be such that the ballot boxes shall not be hid- 
den from the view of persons present and the voting shelves and 
compartments shall be so arranged that the door of each compart- 
ment shall be next to the guard rail, so as to admit to full view 
of the persons just outside of the guard rail those who enter and 
leave each compartment. The number of such voting shelves 
and compartments shall not be less than one for every one hun- 
dred voters qualified to yote at such polling place, and not less 
than three in any town, and not less than five in any ward of a 
city. No persons other than the election officers, election clerks 
and voters admitted as hereinafter provided, shall be permitted 
within said rail, except by authority of the presiding election 
officer or officers for the purpose of keeping order and enforcing 
the law. Each voting shelf and compartment shall be kept pro- 
vided with proper supplies and conveniences for marking the bal- 
lots. This act. shall take effect only in such towns and cities as 
by a majority vote of the legal voters so voting in such town or 
city shall adopt it. R. S. c. 6, § 22. 

Any person desiring to vote shall give his name, and, if 
requested to do so, his residence, to one of the ballot clerks, who 
shall thereupon announce the same in a loud and distinct tone of 
voice, clear and audible, and if such name is found upon the 



182 AUSTRALIAN BALLOT LAW. 

check list by the ballot clerk having charge thereof, he shall like- 
wise repeat the said name, and the voter shall be allowed to enter 
the space enclosed b}^the guard rail, as above provided. The 
ballot clerk shall give him one, and only one ballot, and his name 
shall be immediately checked on said list. R. S. c. 6, § 23. 

Besides the election officers, and election clerks, not more than 
two voters in excess of the number of voting shelves or compart- 
ments provided, shall be allowed in said inclosed space at one 
time. lb. 

On receipt of his ballot the voter shall forthwith, and without 
leaving the inclosed space, retire alone to one of the voting 
shelves or compartments so provided, and shall prepare his ballot 
by marking in the appropriate margin or place, a cross (X) as 
follows : He may place such mark within the square above the 
name of the party group or ticket, in which case he shall be 
deemed to have voted for all the persons named in the group 
under such party or designation. And if the voter shall desire 
to vote for any person or persons, whose name or names are not 
printed as candidates on the party group or ticket, he may erase 
any name or names which are printed on the group or party 
ticket, and under the name or names so erased he may fill in the 
name or names of the candidates of his choice. Or if the voter 
places and sticks on and over the name or names of any candidate 
or candidates for any office or offices, a small strip or strips of 
paper, commonly known as a sticker or stickers, bearing thereon 
a name or names other than the name or names of the candidate 
or candidates so erased or covered up, the name or names of such 
candidate or candidates so covered shall be considered to be 
erased from the ballot, and the person or persons whose name or 
names shall so appear on such strip or strips of paper so placed 
and stuck on the ballot, shall be deemed to be voted for by the 
voter as candidate or candidates for such office or offices. Or if 
the voter does not desire to vote for a person or persons wmose 
name or names are printed upon the party group or ticket, he 
may erase such name or names with the effect that the ballot 
shall not be counted for the candidate or candidates whose names 
are so erased. In case of a question submitted to the vote of the 
people he shall place such mark in the appropriate margin above 
the answer which he desires to give. Before leaving the voting 
shelf or compartment, the voter shall fold his ballot without dis- 
playing the marks thereon, in the same way it was folded when 
received by him, and he shall keep the same so folded until he 
has voted. He shall vote in the manner provided by law before 



AUSTRALIAN BALLOT LAW. 133 

leaving the enclosed space, and shall deposit his ballot in the box 
with the official endorsement uppermost. He shall mark and 
deposit his ballot without undue delay and shall quit said inclosed 
space as soon as he has voted. No such voter shall be allowed 
to occupy a voting shelf or compartment already occupied by 
another, or to remain within said inclosed space more than ten 
minutes, or to occupy a voting shelf or compartment for more 
than five minutes in case all of such shelves or compartments are 
in use, and other voters are waiting to occupy the same. No 
voter not an election officer or an election clerk, whose name has 
been checked on the list of the ballot clerks, shall be allowed to 
re-enter said enclosed space, during said election. The presiding 
election officer or officers, for the time being, shall secure the 
observance of the provisions of this section. R. S. c. 6, § 24. 

No person shall take or remove any ballot from the polling 
place before the close of the polls. If any voter spoils a ballot 
he may successively obtain others, one at a time, not exceeding 
three in all, upon returning each spoiled one. The ballots thus 
returned shall be immediately canceled, and together with those 
not distributed to the voters, shall be preserved, and with the 
check lists used, which shall be certified by the ballot clerks, to 
be such, shall be secured, sealed, and sent to the several city, 
town and plantation clerks, and by them be preserved for six 
months as a public record. The ballots shall be sorted and 
counted in open town or ward meeting in such manner as to 
afford the electors ample opportunity to observe the sorting and 
counting ; and when the ballots have been sorted and counted 
and the results declared and recorded, all the ballots shall, in open 
meeting, be sealed in a package, which said package, together 
with the check lists sealed in the same manner as the ballots, 
shall forthwith be returned to the city, town or plantation clerk, 
to be preserved by him as a public record, and shall be kept by 
him securely locked in an iron safe, whenever such city, town or 
plantation shall so provide the same for his use as such clerk, for 
six months, and any warden, ballot clerk, city or town clerk or 
other person who shall abstract from or in any manner tamper 
with said packages, or who shall in any manner abstract from or 
tamper with the unused ballots, and any such clerk who shall 
willfully and intentionally refuse or neglect to so safely keep 
secured such ballots, as herein above provided, shall be punished 
by a fine not less than two hundred nor more than one thousand 
dollars, or by imprisonment for not less than ninety days nor 
more than two years. R. S. c. 6, § 25. 



134 AUSTRALIAN BALLOT LAW. 

Any voter who shall declare to the presiding election officer 
or officers that he cannot mark his ballot by reason of physical 
disability, or from inability to read the same, shall receive the 
assistance in the marking of his ballot, of two of the election 
clerks ; such clerks shall not both represent one and the same 
political party, and they shall certify on the outside of such bal- 
lot that the same was marked by them, or by the voter with their 
assistance, and thereafter shall give no information concerning 
the same. The presiding election officer or officers may require 
every voter, who applies for such assistance, to make oath to his 
inability to mark his ballot, before such clerks shall be directed 
to assist as aforesaid, and such officer or officers are hereby qual- 
ified to administer such oath, and no clerk shall assist or offer to 
assist any voter in marking his ballot until directed so to do by 
the presiding election officer or officers. R. S. c. 6, § 26. 

If a voter marks more names for any one office than there are 
persons to be elected to such office, or if for any reason it is 
impossible to determine the voter's choice for an office to be 
filled, his ballot shall not be counted for such office. No ballot 
without the official indorsement shall, except as herein otherwise 
provided, be allowed to be deposited in the ballot box, and none 
but ballots provided in accordance with the provisions of this 
chapter shall be counted. Ballots not counted shall be marked 
defective on the back thereof, and shall be preserved, as required 
by section twenty-five. R. S. c. 6, § 27. 

Meetings for the election of national, state, county and munic- 
ipal officers may be opened as early as six o'clock in the fore- 
noon, and in no case shall the polls be kept open later than five 
o'clock in the afternoon, and a notice of the time of opening and 
closing shall be given in the warrant calling the meeting. R. S. 
c. 6, § 28. 

A voter who shall, except as herein otherwise provided, allow 
his ballot to be seen by any person with an apparent intention 
of letting it be known how he is about to vote or who shall 
make a false statement as to his inability to mark his ballot, or 
any person who shall interfere, or attempt to interfere with any 
voter when inside said inclosed space, or when marking his bal- 
lot, or who shall endeavor to induce any voter before voting to 
show how he marks or has marked his ballot, shall be punished 
by fine of not less than five, nor more than one hundred dollars ; 
and election officers shall report any person so doing to a police 
officer or constable, whose duty it shall be to see that the offender 
is duly brought before the proper court. R. S. c. 6, § 29. 



AUSTRALIAN BALLOT LAW. 135 

Any person who shall, prior to an election willfully deface or 
destroy any list of candidates posted in accordance with the pro- 
visions of this act, or who, during an election, shall willfully 
deface, tear down, remove or destroy any card of instructions or 
specimen ballot printed or posted for the instruction of voters, 
or who shall, during an election, willfully remove or destroy any 
of the supplies or conveniences furnished to enable a voter to 
prepare his ballot, or shall willfully hinder the voting of others, 
shall be punished by fine of not less than five nor more than one 
hundred dollars. R. S. c. 6, § 30. 

Any person who shall falsely make or willfully deface or 
destro}^ any certificate of nomination or nomination paper, or 
any part thereof or any letter of withdrawal ; or file any certifi- 
cate of nomination or nomination paper, or letter of withdrawal, 
knowing the same or any part thereof to be falsely made ; or 
suppress any certificate of nomination or nomination paper, or 
any part thereof which has been duly filed ; or forge or falsely 
make the official indorsement on any ballot ; or willfully destroy 
or deface any ballot, or willfully delay the delivery of any ballots 
or shall take or remove any ballot outside of the inclosure pro- 
vided for voting before the close of the polls, shall be punished 
by fine not exceeding one thousand dollars or by imprisonment 
in the jail for not more than one year, or by both such fine and 
imprisonment. R. S. c. 6, § 31. 

Any public officer upon whom a duty is imposed by sections 
one to twenty-eight, both inclusive, of this chapter, who shall 
willfully neglect to perform such duty, or who shall willfully per- 
form it in such a way as to hinder the objects of this act, shall 
be punished by a fine of not less than five, nor more than one 
thousand dollars, or by imprisonment in jail for not more than 
one year, or by both such fine and imprisonment. R. S. c. 6, § 32. 

Any election or ballot clerk who shall assist, or offer to assist 
any voter, before such clerks shall have been directed by the pre- 
siding officer or officers to so assist such voter, shall be punished 
by a fine of not less than twenty-five, nor more than one hun- 
dred dollars or by imprisonment not exceeding sixty days for 
each offense, and thereafter shall be disqualified from holding 
the office of election or ballot clerk. R. S. c. 6, § 33. 

The elective franchise must be exercised under such regula- 
tions and restrictions as the legislature may deem reasonably 
necessary to maintain order at elections, prevent intimidation, 
bribery and fraud, preserve the purity of the ballot box and thus 
secure a genuine expression of public sentiment. 86 Me. 12. 



136 AUSTRALIAN BALLOT LAW. 

Statutes designed to secure complete and inviolable secrecy of 
ballots cast at public elections should be construed, under estab- 
lished rules with reference to the mischief to be remedied and the 
object to be accomplished ; and interpreted, if practicable, so as 
to promote and not destroy the purpose of their enactments. lb. 

The enactment of the statute of eighteen hundred and ninety- 
one, chapter one hundred and two, popularly known as the 
"Australian Ballot Law," was designed to inaugurate an import- 
ant departure from the mode of voting which had existed in this 
state prior to its passage. lb. 

Its distinguishing feature is its careful provision for a secret 
ballot. lb. 

Under this statute giving the voter a clear opportunity to des- 
ignate by a cross mark (X) his choice of candidates, the place 
and method of marking the ballot being regulated and defined in 
the statute, it was Held, that ballots defectively and illegally 
marked as follows should be rejected : — 

1. Where the cross (X) was placed above the name of the 
candidate and not in the appropriate place at the right of it ; 

2. Where there was a cross (X) above and also one beneath 
a candidate's name, but none at the right of it ; 

3. Where the cross (X) was placed at the left of the name 
of the candidate ; 

4. Where there was a cross (X) under the party name at 
the head of the ticket and one at the left of the defendant's name 
on another party ticket ; 

5. Where there was no cross (X) whatever, but a short, 
straight line drawn across the square at the right of the party 
name at the head of the ticket ; 

6. Where there was a cross (X) in the square at the right 
of the name of each candidate except that for mayor, on one 
party ticket, and a cross (X) in the square at the right of the 
party name on another ticket. lb. 

The board of aldermen in the city of Bangor re-examined the 
ballots cast for aldermen in ward seven, counted for defendant 
the six ballots above described, and declaring that there was no 
choice, ordered a new election to be held. The defendant 
securing a majority of the ballots then cast claimed to hold the 
office by virtue of the second election ; that the subject matter 
was within the exclusive jurisdiction of the board of aldermen ; 



AUSTRALIAN BALLOT LAW. 137 

and that the ballots alleged to be defective and irregular were 
properly counted for him. The plaintiff thereupon began his 
proceeding in equity under revised statutes, chapter four, and 
statute of eighteen hundred and ninety-three, chapter two hun- 
dred and sixty, amendatory thereto, asking the court to take 
jurisdiction of the matter, and require the defendant to surren- 
der the office to the plaintiff. Held, that the decision of the 
board of aldermen is subject to review by this court ; that the 
city charter is to be construed as affording a cumulative or pri- 
mary tribunal only, and not an exclusive one ; that it does not 
preclude a contestant from resorting to the court for a revision 
of a question of law; and that the decision of the board of 
aldermen involved the determination of a question of law and 
not an issue of fact, or a matter of discretion. lb. 

Emery J. By act of eighteen hundred and ninety-one, chap- 
ter one hundred and two, section twenty-five, as amended by 
act of eighteen hundred and ninety-three, chapter two hundred 
and sixty-seven, being "An Act to provide for the printing and 
distributing ballots at the public expense, and to regulate voting 
for state and city elections," it is provided that after the election 
is over "when the ballots have been sorted and counted and the 
result declared and recorded, all the ballots shall in open meeting 
be sealed in a package which said package, together with the 
check lists sealed in the same manner as the ballots, shall be 
forthwith delivered to the city, town or plantation clerk to be 
preserved by him as a public record for six months." The clerk 
and all other persons are forbidden to "abstract from or in any 
manner to tamper with" said package. 

At the state election of eighteen hundred and ninety-eight the 
petitioner's name was on the official ballots in the town of Kit- 
tery as a candidate for representative to the legislature. Accord- 
ing to "the result declared and recorded" he failed of an election, 
but he believed that if the ballots had been properly sorted and 
counted he would appear to be elected. He desires to inspect 
the ballots used in that election and which were sealed in a 
package and returned to the town clerk of Kittery, and are now 
in his office still sealed up in that package, the six months not 
having expired. Has he any legal right to inspect them ? It is 
argued that he can only inspect the interior of the package, that 
it is the package sealed and to be kept sealed, and not its con- 
tents, which is to be "preserved by the clerk as a public record.'* 
Such a construction would leave the statutes without meaning 
-or purpose. 



138 AUSTRALIAN BALLOT LAW. 

The only use suggested in the argument for packages which 
are to be kept sealed is that they can be taken into the courts or 
legislature and there unsealed and sealed again. There is, how- 
ever, no suggestion in the act that the packages are to be taken 
from the clerk's office, or that an inspection of their contents can 
be had only by the court or legislature. 

The contents of the packages, the ballots, are the concern of 
the statutes. Its language must be applied to them. They are 
to be preserved. They are to be "the public record, 1 ' and their 
place is in the custody of the town clerk. A record, however, is 
not public unless it can be inspected by any person interested in 
what it shows. 

It is again urged that the clerk is forbidden to "in any manner 
tamper with" the package. Taken by itself this language might 
indicate that the clerk could not open the package, though the 
word "tamper" in a criminal statute at least, has a limited mean- 
ing of improper interference "as for the purpose of alteration ; 
and to make objectionable or unauthorized changes." (Cent. 
Diet.) Taken in connection with the language of the statutes 
declaring the packages (in their contents) to be public records, it 
is evident that the clerk is not forbidden to open the packages to 
enable interested persons to inspect the ballots. 

We think the petitioner has a legal right to inspect the ballots, 
a right which the town clerk must accord him, and that the man- 
damus must be made peremptory. It does not follow, however, 
that the petitioner or any one in his behalf can sort or count, or 
in any way handle or even touch the ballots. He can inspect 
them and they must be exposed to his inspection, but they are 
all the while in the custody of the clerk and he is responsible for 
them. The inspection must be in his presence, and he can make 
and insist on such regulations or restrictions consistent with the 
right of inspection, as will secure every ballot like any other rec- 
ord from loss, impairment or change in any respect. The clerk 
can afterwards re-seal the package for greater security until inspec- 
tion is again required by some person interested. 92 Me. 151. 

Writing "scattering" on ballot or a return of certain number of 
votes as scattering, does not invalidate an election provided that 
such scattering votes however added or subtracted, would not 
change the result. 71 Me. 373. 

It is not a valid objection to an election that illegal votes were 
received, if they did not change the result. 71 Me. 361 ; 85- 
Me. 273. 



AUSTRALIAN BALLOT LAW. 139 

Selectmen liable for unreasonably refusing to allow a person 
to vote, who has a right to vote. Depends upon whether the 
refusal was unreasonable or not. Selectmen may believe they 
are right in refusing a vote and yet be liable, if, in fact, the 
refusal was unreasonable. Not liable if question presented to 
them be so doubtful that reasonable and competent men, unaf- 
fected by bias or prejudice, might naturally differ in their views 
upon it. 76 Me. 164. 

From the known practice of towns to choose three selectmen,, 
it will be presumed, unless the contrary appears, that number 
was chosen. 48 Me. 353. 

Yes and No ballots proper on special questions. 87 Me. 88. 

Cross must be made at place designated by the statute. 86 
Me. 42. 

The statute is strictly construed. lb. A straight line, instead 
of a cross, is not sufficient. lb. 



CHAPTER XXX. 



TAXATION. 

Taxes are the enforced proportional contribution of each citizen 
and of his estate, levied by the authority of the state for the sup- 
port of the government and for all public needs. They are the 
property of the citizen, taken from the citizen by the govern- 
ment, and they are to be disposed of by it. The necessities of 
government are more or less extensive according to the greater 
or lesser extent of governmental interference. Taxation origi- 
nates from and is imposed by the state. The proceeds are for 
the government to enable it to carry into effect its mandates and 
to discharge its manifold functions. 58 Me. 591. 

In a narrower sense, and as opposed to "excise," a tax is "a 
charge apportioned either among the whole people of the state, 
or those residing within certain districts, municipalities or sec- 
tions." 11 Allen 268. 

The power of taxation is an essential and inherent attribute of 
sovereignty. It belongs, as a matter of right, to every independ- 



140 TAXATION. 

ent political' community. No constitutional government can 
exist without it, and no arbitrary government, without regular 
and steady taxation, could be anything but an oppressive and 
vexatious despotism, since the only alternative to taxation would 
be a forced extortion for the needs of government for such per- 
sons or objects as the men in power might select as victims. It 
imposes a burden which, in case of failure to discharge it, may 
be followed by seizure and sale or forfeiture of property. Cooley 
Constitutional Limitations 479. 

In the federal constitution there is an expressed grant to 
congress of the power to "levy and collect taxes." The consti- 
tution of the State of Maine does not confer its power upon the 
legislature by any specific clause. It passes under the general 
designation of "legislative power." It is implied, upon the 
principle, that a grant of legislative, judicial, and executive 
powers, carries with it by construction, all the means necessary 
for their execution. Blackwell on Tax Titles 2. 

The power of taxation operates upon all persons and property 
within territorial jurisdiction of the state. There is no limita- 
tion upon the power of the legislature as to the amount or objects 
of taxation. The interest, wisdom, and justice of the representa- 
tive body, and its relation with its constituents, furnish the only 
security against unjust and excessive taxation. These principles 
are fully sustained by the authorities. Such is the nature, 
necessity and extent of the taxing power. 4 Peters 514 ; 11 
Allen 268 ; 10 N. H. 138; 8 Allen 247. But taxes can be laid 
for public purposes only. Gray Lim., § 173. 

The power to levy a tax properly belongs to the legislative 
power. The collection of it involves the exercise of judicial and 
executive functions. The legislature levy the tax direct that a 
demand shall be made on the owner of the land for the tax 
charged against it, and if payment is refused, authorize the col- 
lector to seize the body or goods of the delinquent, and in case 
satisfaction is not had in one or the other of these modes, power 
is conferred upon the collector to sell and convey the land itself. 
Now, before the power to sell the land can exist under the law, 
the fact of the levy and non-payment of the tax, the demand, 
and returns of no goods, or that the body cannot be found, must 
exist. These facts must be ascertained to exist before the power 
of sale attaches. Whether the power to decide the question of 
delinquency is vested by law in the regularly constituted judicial 
tribunals, or in those specially instituted for that purpose, or in 



TAXATION. 141 

the collector himself, can make no kind of difference ; it is the 
exercise of judicial power and the officer who sells performs an 
executive function ; as that, in point of fact, the legislative, 
judicial, and executive departments of the government, all aid in 
the executioD of the taxing power. Blackwell on Tax Titles 26. 
It is undoubtedly a principle of natural justice, that every 
person shall have an opportunity of being heard before he is con- 
demned; and to a hearing every tax-payer is entitled — but not 
before the ministerial officers of the law. They act at their peril 
in sale of lands of the person assessed, where the taxes have 
been paid or where they have not strictly complied with the law 
of the land ; and he acts at his peril in determining the question 
whether he will redeem or contest the validity of the sale. If 
he adopts the latter course, then, and not till then, is he entitled 
to be fully heard in his defense in the judicial tribunals of the 
country. "4 N. H. 18. 

No tax or duty shall be imposed without the consent of the 
people or of their representatives in the legislature. Const, art. 
1, § 22. 

The legislature have the same right to remove a burden as to 
impose it. It is a matter for their determination, and it is not 
for the court to say that a tax shall be enforced which they, by 
statute, decree shall not be enforced. 57 Me. 394. 

While the public expenses shall be assessed on polls and 
estates, a general valuation shall be taken at least once in ten 
years. Const, art. 9, § 7. 

This section contemplates only the general, constantly recur- 
ring assessment upon the same property, and does not include 
occasional, exceptional and special subjects and modes of taxa- 
tion. 86 Me. 502. ■ 

The expenses for which assessments are to be made shall be 
public; those appertaining to the public service. 62 Me. 73. 

Statutes assuming to delegate to towns the power of determin- 
ing whether or not certain manufacturing corporations therein 
shall be exempted from taxation, are unconstitutional and void. 
62 Me. 451. 

The legislature may authorize municipal corporations to aid 
in the construction of railroads. 63 Me. 277. 

All taxes upon real and personal estate, assessed by authority 
of this state, shall be apportioned and assessed equally, according 
to the just value thereof. Const, art. 9, § 8. 



142 TAXATION. 

The legislature can not discriminate in the rate of taxation 
between incorporated and unincorporated territory. The appor- 
tionment and assessment each must be equal throughout the 
whole state. 97 Me. 597. 

The legislature may authorize a municipal corporation to pur- 
chase and pay for, by money raised by taxation or otherwise, 
an existing water works system for the purpose of supplying 
water for its own municipal wants and for the domestic uses of 
its inhabitants. 96 Me. 556. 

Where property was assessed by city assessors and there was 
no appeal therefrom, it must be assumed that the requirements 
of law were observed and that the property was assessed "accord- 
ing to the just value thereof." 88 Me. 180. 

All taxes, state, county and municipal, must be levied by the 
legislature directly, or under general statutes. 84 Me. 215. 

One portion of real estate of a town cannot be burdened with 
an assessment for a public purpose from which the remainder is 
exempt. 70 Me. 522 ; 62 Me. 62. 

The legislature may authorize a town to exempt from taxation 
for a term of years property of a water company, in consideration 
of an undertaking and agreement by the company to furnish, 
free of costs to the town, a supply of water for its public and 
municipal purposes. 67 Me. 136. 

The legislature shall never, in any manner, suspend or sur- 
render the power of taxation. Const, art. 9, § 9. 

The legislature cannot constitutionally transfer to municipal 
corporations the power of determining upon what property, real 
or personal, taxes shall and upon what they shall not be imposed. 
62 Me. 62. 



CHAPTER XXXI. 



THE ASSESSMENT OF TAXES. 

A poll tax shall be assessed upon every male inhabitant of 

the state above the age of twenty-one years whether a citizen of 

the United States or an alien, in the manner provided by law, 

unless he is exempted therefrom by this chapter, which said poll 



THE ASSESSMENT OF TAXES. 143 

tax shall not exceed three dollars and shall not be less than one 
dollar. R. S. c. 1, § 9. 

In a suit to collect taxes assessed against a person it was Held, 
that the domicile in any particular locality is acquired by a 
union of intent and of presence. 66 Me. 198. 

In an action by a collector of taxes, to recover a poll tax 
assessed upon a person in a town where he was not an inhabitant 
at the time the tax was assessed, the defendant may show his 
non-residence in defense. 64 Me. 199. 

An inhabitant of A, on March thirtieth, leaves that place 
with the intention of residing in C ; on April first he arrives at 
B and the next day reaches C, where he establishes his residence. 
Held, that for the purposes of taxation he was to be deemed an 
inhabitant of A on April first, and was liable to taxation there. 
50 Me. 475. 

All real property within the state, all personal property of 
inhabitants of the state, and all personal property hereinafter 
specified of persons not inhabitants of the state, is subject to 
taxation as hereinafter provided. R. S. c. 9, § 2. 

Buildings and other property owned by municipal corporations 
and appropriated to public use are exempt from general taxation. 
77 Me. 530. 

Unimproved land is subject to assessment for taxation. 74 
Me. 283. 

All real estate is expressly made subject to taxation, unless 
when specifically exempted; and, for the purposes of taxation, 
the term "real estate" includes "all lands and buildings and 
other things erected on or affixed to the same." 60 Me. 198. 

The term "inhabitants" as used in section two of chapter nine 
of the revised statutes embraces bodies corporate as well as 
individuals. The property of corporations, when not otherwise 
subjected to assessment to the shareholders, is taxable to such 
corporation. 37 Me. 369. 

Real estate, for the purposes of taxation, except as provided 
in section six, includes all lands in the state and all buildings 
erected on or affixed to the same, and all townships and tracts 
of land, the fee of which has passed from the state since the year 
eighteen hundred and fifty, and all interest in timber upon pub- 
lic lands derived by permits granted by the commonwealth of 
Massachusetts ; interest and improvements in land, the fee of 
which is in the state ; and interest by contract or otherwise in 



144 THE ASSESSMENT OF TAXES. 

land exempt from taxation. There shall be a lien to secure the 
payment of all taxes legally assessed on real estate as defined in 
this section, which shall take precedence of all other claims on 
said real estate and interests, and shall continue in force until 
said taxes are paid. R. S. c. 9, § 3 : 9 Me. 91; 60 Me. 198; 
69 Me. 347; 86 Me. 77. 

The word "land or lands," and the words u real estate," include 
lands and all tenements and hereditaments connected therewith,, 
and all rights thereto and interest therein. R. S. c. 1, § 6. 

Water pipes, hydrants, and conduits of a water company, laid 
through the streets of a city or town, are taxable as real estate 
to the company in possession of them, in the city or town where 
they are laid. 85 Me. 330. 

A toll bridge is taxable as real estate. 78 Me. 93. 

Unimproved lands may be taxed to an owner residing in 
another town in the state. 74 Me. 280. 

The buildings of every railroad corporation or association,, 
whether within or without the located right of way, and its lands 
and fixtures outside of its located right of way, are subject to 
taxation by the cities and towns in which the same are situated, 
as other property is taxed therein, and shall be regarded as non- 
resident land. R. S. c. 9, § 4. 

Railroad depots and other buildings erected upon the land of 
railroad corporations are to be regarded as real estate for the 
purpose of taxation. 60 Me. 198. 

Personal estate for the purposes of taxation, includes all 
goods, chattels, moneys and effects, wheresoever they are ; all 
vessels, at home or abroad ; all obligations for money or other 
property ; money at interest, and debts due the persons to be 
taxed more than they are owing ; all public stocks and securi- 
ties ; all shares in moneyed and other corporations within or 
without the state, except as otherwise provided by law ; all 
annuities payable to the person to be taxed, when the capital of 
such annuity is not taxed in this state ; and all other property, 
included in the last preceding state valuation for the purposes 
of taxation. R. S. c. 9, § 5; 36 Me. 259; 54 Me. 542; 56 
Me. 288. 

A tax upon its personal property to a corporation and another 
tax at the same time upon its shares of its stockholders is double 
taxation and not authorized by law. 103 Me. 429. 



THE ASSESSMENT OF TAXES. 145 

In the assessment of personal property for taxation the 
amount which the person to be taxed is owing is to be deducted 
from the money which he has at interest and the debts due him. 
102 Me. 401. 

The statute makes no distinction between money at interest 
and debts due the person to be taxed as to his right to have the 
same reduced in the assessment by the amount of debts which 
he is owing. 102 Me. 401. 

An award by the committee on arbitration of Alabama claims 
does not constitute a debt due to be taxed, under the provisions 
of this section, until an appropriation is made by Congress for 
the payment of the award. 68 Me. 33. 

The following property and polls are exempt from taxation : 

First. The property of the United States and of this state, 
and the property of any public municipal corporation of this 
state, appropriated to public uses. R. S. c. 9, § 6. 

Lands with the tenements and appurtenances, so acquired for 
the purposes before mentioned, are exempt from taxation by the 
state. 101 Me. 148. 

(Note : This section refers to land purchased within the state 
by the United States for public buildings, forts, lighthouses, and 
similar purposes.) 

The Augusta River Water District is a public municipal cor- 
poration, and by virtue of this section its property, appropri- 
ated to public uses, is exempt from municipal taxation. 101 
Me. 149. 

Second. All property which by the articles of separation is 
exempt from taxation ; the personal property of all literary and 
scientific institutions ; the real and personal property of all 
benevolent and charitable institutions incorporated by the state ; 
the real estate of all literary and scientific institutions occupied 
by them for their own purposes or by any officer thereof as a 
residence. Corporations whose property or funds in excess of 
their ordinary expenses are held for the relief of the sick, the 
poor, or the distressed, or of widows and orphans, or to bury 
the dead, are benevolent and charitable corporations within the 
meaning of this specification, without regard to the sources from 
which such funds are derived, or to limitations in the classes or 
persons for whose benefit they are applied ; but so much of the 
real estate of such corporations as is not occupied by them for 

10 



146 THE ASSESSMENT OF TAXES. 

their own purposes, shall be taxed in the municipality in which 
it is situated. And any college in this state authorized under 
its charter to confer the degree of bachelor of arts or of bache- 
lor of science, and having real estate liable to taxation, shall, on 
the payment of such tax and proof of the same to the satisfac- 
tion of the governor and council be reimbursed from the state 
treasury to the amount of the tax so paid; provided, however, 
that the aggregate amount so reimbursed to any college in any 
one year shall not exceed fifteen hundred dollars ; and provided, 
further, that this claim for such reimbursement shall not apply 
to real estate bought by any such college after April twelve, 
eighteen hundred and eighty-nine. R. S. c. 9, § 6. 

(Note: By the articles of separation of June 19, 1819, con- 
dition seven, there is an exemption of all real estate in Maine 
belonging to the commonwealth of Massachusetts, and all real 
estate of religious, literary and charitable corporations and 
societies heretofore exempted by Massachusetts. 65 Me. 92 ; 
73 Me. 433, 441; 86 Me. 76, 78, 246.) 

The real estate of a benevolent and charitable institution 
incorporated by the state, consisting of a building, and land upon 
which it sits, designed for use by it for its own purposes, and a 
substantial use all of which is made by the institution for its 
own purposes in good faith, is exempt from taxation under this 
paragraph, notwithstanding the occupation by the institution 
may not be exclusive, and the owner may sometimes allow other 
associations and individuals to use some portions of the property 
for a rental, when it can be done without interfering with the 
use of the same by the owner for its own purposes. 99 Me. 356. 

The occupation contemplated by the statute must undoubt- 
edly be an actual occupation, and something more is required 
than that which results merely from ownership and opposition 
on the part of the institution, or from the use of the property 
for investment purposes. 99 Me. 356. 

There may be cases where the use of the property of such an 
owner for other purposes is of such a dominant character, and 
the occupation of the owner for its own purposes is so incidental 
and trivial, or where the uses of the property by the owner for 
its own purposes is so plainly an attempt to evade taxation, the 
substantial use and occupation being for other purposes, that 
such occupation would not be sufficient to make the property 
exempt from taxation under the statutes of Maine. 99 Me. 356. 



THE ASSESSMENT OF TAXES. 147 

The statute exempts "real and personal property of benevolent 
or charitable institutions incorporated by the state," but does not 
exempt property of a voluntary association having no corporate 
existence. 61 Me. 586. 

Third. The household furniture of each person, not exceeding 
two hundred dollars to any one family, his wearing apparel, 
farming utensils, mechanics' tools necessary for his business, and 
musical instruments not exceeding in value fifty dollars to one 
family. R. S. c. 9, § 6. 

Fourth. Houses of religious worship, including vestries, and 
the pews and furniture within the same, except for parochial 
purposes ; tombs and rights of burial ; and property held by a 
religious society as a parsonage, not exceeding six thousand dol- 
lars in value, and from which no rent is received, and personal 
property not exceeding six thousand dollars in value. But all 
other property of any religious society, both real and personal, is 
liable to taxation the same as other property. lb. 

Where a defendent built a cottage upon a lot of land under a 
parol license expressed as a lease in perpetuam, given by a camp 
meeting association, it was held that the cottage and land on 
which it stood may properly be assessed as real estate to the 
defendant as tenant in possession. 86 Me. 77. 

The property of an incorporated association whose purposes 
are for diffusing Christian knowledge, and to cultivate Christian 
acquaintance, and to communicate intelligence respecting the 
state of religion, is within the provisions of this section. 65 
Me. 93. 

Fifth. All mules, horses, neat cattle, swine and sheep, less 
than six months old. R. S. c. 9, § 6. 

Sixth. Hay, grain and potatoes, orchard products and wool, 
owned by and in possession of the producer. lb. 

Seventh. The polls and estates of Indians ; and the polls of 
persons under guardianship, or blind. lb. 

Eighth. The polls and estates of persons who by reason of 
age, infirmity or poverty, are in the judgment of the assessors 
unable to contribute toward the public charges ; and the polls of 
all soldiers and sailors who receive state pension. Every soldier 
or sailor who served in the army or navy of the United States in 
the war of eighteen hundred and sixty-one and five, and who has 
an honorable discharge from such service, resident within the 
State of Maine, is hereby forever exempt from the assessment of 



148 THE ASSESSMENT OF TAXES. 

and payment of a poll tax within any city, town or plantation in 
this state, provided, however, that any such sailor or soldier who 
desires to pay said tax may, on or before the first day of April, 
in each year, notify in writing the assessors of the city, town or 
plantation in which he resides of his desire to pay said tax, 
whereupon said assessors shall assess said tax against said soldier 
or sailor, and said soldier or sailor shall be legally holden to pay 
said tax. lb. ; 92 Me. 443. 

Ninth. The aqueducts, pipes and conduits of any corporation, 
supplying a town with water, are exempt from taxation, when 
such town takes water therefrom for the extinguishment of fires, 
without charge. But this exemption does not include therein, 
the capital stock of such corporation, any reservoir or grounds 
occupied for the same, or any property, real or personal, owned 
by such company or corporation, other than as hereinabove 
enumerated. lb. 

A town where such aqueduct is located may put conductors 
into its pipes and draw water, free of expense, to extinguish fire 
in a burning building, if such conductors are so secured that 
water shall be drawn for that purpose only. R. S. c. 56, § 8. 

Tenth. Whenever a land owner, plants or sets apart for the 
growth and production of forest trees any cleared land or lands 
from which the primitive forest has been removed, and success- 
fully cultivates the same for three years, the trees being not less 
in numbers than six hundred and forty on each acre and well 
distributed over the same, then, on application of the owner or 
occupant thereof to the assessors of the town in which such land 
is situated, the same shall be exempt from taxation for twenty 
years after the expiration of said three years, provided,, that said 
applicant at the same time files with said assessors a correct plan 
of such land with a description of its location, and a statement 
of all the facts in relation to the growth and cultivation of said 
incipient forest; provided, further, that such grove or plantation 
of trees is during that period kept alive and in a thriving condi- 
tion. R. S. c. 9, § 6. 

Eleventh. Mines of gold, silver or of the baser metals, when 
opened and in process of development, are exempt from taxation 
for ten years from the time of such opening. But this exemp- 
tion does not affect the taxation of the lands or the surface 
improvements of the same, at the same rate of valuation as 
similar Jands and buildings in the vicinity. lb.; 99 Me. 356. 

Twelfth. All bonds issued after the first day of February 



THE ASSESSMENT OF TAXES. 149 

nineteen hundred and nine, by the State of Maine, or any 
county, municipality, village corporation or water district 
therein, shall be exempt from taxation. lb. 

Any seven or more persons may be incorporated in the manner 
provided in sections one and two of chapter fifty-seven, for the 
purpose of owning, managing and protecting lands and their 
appurtenances appropriated for public cemeteries ; and the prop- 
erty of such corporations and the shares of stock therein, are 
exempt from attachment and taxation. R. S. c. 20, § 19. 

The poll tax shall be assessed on each taxable person in the 
place where he is an inhabitant on the first day of each April. 
No person shall be considered an inhabitant of a place on 
account of residing there as a student in a literarv seminary. 

R. S. c. 9, § 7. 

Taxes on real estate shall be assessed in the town where the 
estate lies, to the owner or person in possession thereof on the 
first day of each April. In cases of mortgaged real estate, 
the mortgagor, for taxation, shall be deemed the owner, until 
the mortgagee takes possession, after which the mortgagee shall 
be deemed the owner. R. S. c. 9, § 8 ; 32 Me. 69 ; 34 Me. 90 ; 
35 Me. 554 ; 86 Me. 77 ; 95 Me. 293. 

Water pipes, hydrants and conduits of a water company, laid 
through the streets of a city or town are real estate for the 
purpose of taxation. 85 Me. 330. 

Unimproved land may be taxed to an owner residing in 
another town in the state. He is liable to taxation for such land. 
A description by which the owner can know with reasonable cer- 
tainty for what lands he is assessed, is sufficient. 74 Me. 280. 

The liability of all estate to taxation relates back to April 1st 
of each year. 56 Me. 46. 

Whenever the owner of real estate notifies the assessors that 
any part of the wood, bark and timber standing thereon has been 
sold by contract in writing, and exhibits to them proper 
evidence, they shall assess such wood, bark and timber to the 
purchaser. R. S. c. 9, § 9. 

A lien is created on such wood, bark and timber, for the pay- 
ment of such taxes ; and may be enforced by the collector by a 
sale thereof when cut, as provided in section eighteen of chapter 
ten. R. S. c. 9, § 10. 

When a tenant paying rent for real estate is taxed therefor, 
he may retain out of his rent half of the taxes paid by him ; and 



150 THE ASSESSMENT OF TAXES. 

when a landlord is assessed for such real estate, he may recover 
half of the taxes paid by him and his rent in the same action 
against the tenant, unless there is an agreement to the contrary. 
R. S. c. 9, § 11. 

All personal property within or without the state, except in 
cases enumerated in the following section, shall be assessed to 
the owner in the town where he is an inhabitant on the first day 
of each April. R. S. c. 9, § 12 ; 37 Me. 371 ; 48 Me. 443; 49 
Me. 369, 430; 54 Me. 543; 79 Me. 233; 83 Me. 228; 
91 Me. 511. 

To tax the shares of a corporation to the shareholders, and to 
tax at the same time the property of the corporation itself, 
imposes in effect, if not in theory, a double tax burden on the 
shareholders. 103 Me. 418. 

A resident of S cut wood on land in said town and conveyed 
to a landing place before April first, there to remain until sold. 
Held, in suit against town to recover taxes paid under protest, 
that the wood was "personal property employed in trade." 83 
Me. 143. 

A cotton broker having large quantity of cotton in warehouses 
and paying storage thereon, but having no store, and having 
desk room only in an office, does not "occupy any store" within 
meaning of the statute. 81 Me. 296. 

An award by the committee of arbitration on the Alabama 
claims does not constitute a debt due to be taxed, under the 
provisions of this section until an appropriation is made by 
congress for the payment of the award. 68 Me. 33. 

To constitute a change of domicile there must be a concurrence 
of the intention to make, and the fact of making such change. 
The acts and intentions of the wife do not affect the domicile of 
the husband. 61 Me. 457. 

Personal property belonging to a railroad corporation, but not 
composing any part of its capital stock, is liable to be taxed 
where the corporation has its place of business. 60 Me. 196. 

Logs, timber, etc., designed and intended to be manufactured 
and sold in some town other than that in which their owner 
resides, but in which, on the first day of April, he occupies a 
mill, store or wharf, are rightfully taxable in such town, and 
not in the town where the owner resides, although they may not, 
on the first day of April, in the year for which the tax is 
assessed, have actually arrived within the corporate limits of the 



THE ASSESSMENT OF TAXES. 151 

town, provided they are in the course of the year brought there 
and manufactured. 53 Me. 519; 93 Me. 333. 

A domicile once acquired continues until a new one is gained. 
While in transit the old domicile remains. If an inhabitant 
leaves a town on March thi^-first with the intention of residing 
in another town and does not reach the other town until April 
second, for the purpose of taxation he is to be deemed an inhab- 
itant of the first town and liable to be taxed there. 50 Me. 475. 

The excepted cases referred to in the preceding section are 
the following : 

First. All personal property employed in trade, in the erec- 
tion of buildings or vessels, or in the mechanic arts, shall be 
taxed in the town where so employed on the first day of each 
April; provided, that the owner, his' servant, sub-contractor or 
agent, so employing it, occupies any store, storehouse, shop, 
mill, wharf, landing place or shipyard therein for the purpose of 
such employment. R. S. c. 9, § 13 ; 53 Me. 519 ; 59 Me. 286, 
289 ; 60 Me. 279 ; 81 Me. 296 ; 83 Me. 145 ; 93 Me. 333. 

The plaintiff, an inhabitant of another town, was the owner on 
the first day of April of a quantity of firewood piled upon a 
wharf for which he was taxed in that year by the assessors of 
that town. Having paid taxes under protest he sought in this 
action to recover it. The wood was placed on the wharf for the 
purpose of shipping it when the river opened for navigation in 
the spring. Held, that said firewood was merely in transit and 
not taxable. 91 Me. 509. 

The occupancy of a portion of a wharf assigned to a non-resi- 
dent by metes and bounds, to which he brought from his mills 
in another town, his lumber, placed it thereon, and it there 
remained for several months, awaiting a sale or shipment, — his 
right thus to use the premises, being (by a written lease) fixed 
and certain for a long period of time, — was Held, to be an occu- 
pancy contemplated by the statute. 48 Me. 479. 

Second. Personal property, including yachts and pleasure ves- 
sels whether propelled by sail, steam, gasoline or otherwise, which 
on the first day of each April is within the state and owned by 
persons residing out of the state or by persons unknown ; except 
vessels built, in process of construction, or undergoing repairs, 
and hides and the leather, the product thereof, when it appears 
that the hides were sent into the state to be tanned, and to be 
carried out of the state, when tanned shall be taxed either to the 



152 THE 'ASSESSMENT OF TAXES. 

owner, if known, or to the person having the same in possession, 
or to the person owning or occupying any store, shop, mill, 
wharf, landing, shipyard or other place therein where said prop- 
erty is on said day, and a lien is created on said property in 
behalf of such person, which he may enforce for the repayment 
of all sums by him lawfully paid in discharge of the tax. A 
lien is also created upon the property for the payment of the tax, 
which may be enforced, by the constable or collector to whom 
the tax is committed, by a sale of the property, as provided in 
sections twelve, eighteen and nineteen of chapter ten. If any 
person pays more than his proportionate part of such tax, or if 
his own goods or property are applied to the payment and dis- 
charge of the whole tax, he may recover of the owner such 
owner's proper share thereof. Persons engaged in tanning 
leather in the state, shall on or before the first day of each April, 
furnish to the assessors of the town where they are carrying on 
said business, a full account, on oath, of all hides and leather on 
hand received by them from without the state, and all hides and 
leather on hand from beasts slaughtered in the state, which last 
named hides and leather shall be taxed in the town where they 
were tanned. The words "vessels built" in the third line shall 
not be construed so as to include pleasure vessels or boats. 
R. S. c. 9, § 13. 

Third. Machinery employed in any branch of manufacture, 
goods manufactured or unmanufactured, and real estate belong- 
ing to any corporation, except when otherwise expressly pro- 
vided, shall be assessed to such corporation in the town or place 
where they are situated or employed ; and in assessing stock- 
holders for their shares in any such corporation, their propor- 
tional part of the assessed value of such machinery, goods and 
real estate, shall be deducted from the value of such shares, 
lb.; 37 Me. 446; 60 Me. 199; 78 Me. 97; 88 Me. 180. 

Fourth. All mules, horses, neat cattle, sheep and swine shall 
be taxed in the town where they are kept on the first day of 
each April, to the owner, or person who has them in possession 
at that time. All such animals, which are in any other town, 
than that in which the owner or possessor resides, for pasturing 
or any other temporary purpose on said first day of April, shall 
be taxed to such owner or possessor in the town where he 
resides ; and all such animals, which are out of the state, or in 
any unincorporated place in the state on said first day of April, 
but owned by, or in charge and possession of any person residing 
in any town, shall be taxed to such owner or possessor in the 



THE ASSESSMENT OF TAXES. 153 

town where he resides. If a town line so divides a farm that 
the dwelling house is in one town, and the barn or outbuildings 
or any part of them is in another, such animals kept for the use 
of said farm, shall be taxed in the town where the house is. 
lb. ; 33 Me. 445. 

Fifth. Personal property belonging to minors under guardian- 
ship, shall be assessed to the guardian in the place where he is 
an inhabitant. The personal property of all other persons under 
guardianship, shall be assessed to the guardian in the town where 
the ward is an inhabitant. lb. 

Sixth. Personal property held in trust by an executor, admin- 
istrator or trustee, the income of which is to be paid to any other 
person, shall be assessed to such executor, administrator or trus- 
tee, in the place where the person to whom the income is payable 
as aforesaid, is an inhabitant. But if the person to whom the 
income is payable as aforesaid, resides out of the state, such per- 
sonal property shall be assessed to such executor, administrator 
or trustee, in the place where he resides. lb. ; 80 Me. 510. 

When the estate of a Maine decedent has been fully adminis- 
tered, and has vested in non-resident testamentary trustees, and 
the property has been removed by them from the state, they can- 
not be directly taxed in this state for such property, although they 
have qualified as such trustees in the Maine probate court which 
confirmed their appointment by the decedent, and although the 
beneficiaries under the trust reside in this state. It would seem, 
however, that the beneficiaries under such a trust resident in 
this state can be directly taxed here upon their beneficial interest 
in the trust estate. 91 Me. 605. 

Seventh. Personal property placed in the hands of any cor- 
poration as an accumulating fund for the future benefit of heirs 
or other persons, shall be assessed to the person for whose bene- 
fit it is accumulating, if within the state, otherwise, to the person 
so placing it, or his executors or administrators, until a trustee is 
appointed to take charge of it or its income, and then to such 
trustee. R. S. c. 9, § 13; 79 Me. 233. 

Eighth. The personal property of deceased persons in the 
hands of their executors or administrators not distributed, shall 
be assessed to the executors or administrators in the town where 
the deceased last dwelt, until they give notice to the assessors 
that said property has been distributed and paid to the persons 
entitled to receive it. If the deceased at the time of his death 
did not reside in the state, such property shall be assessed in the 



154 THE ASSESSMENT OF TAXES. 

town in which said executors or administrators live. Before the 
appointment of executors or administrators the property of 
deceased persons shall be assessed to the estate of the deceased 
in the town where he last dwelt, if in the state, otherwise in the 
town where the property is on the first day of April, and the 
executors or administrators subsequently appointed shall be 
liable for the tax so assessed. lb. 

A tax on real estate of a deceased intestate, assessed to the 
"estate" of the deceased after the appointment and qualification 
of an administrator, is not assessed in conformity with law, and 
no action therefor, by the town against the administrator, can be 
maintained. 76 Me. 549. 

A tax assessed against the "administrators of A," when the 
representative parties were executors and not administrators is 
not a fatal mistake and parole evidence is admissible to show 
that the executors are the individuals intended to be taxed. 78 
Me. 276. 

To sustain an action for collection of taxes it must be shown 
that the tax was so assessed as to make the defendant personally 
liable for its payment. 90 Me. 493. 

An assessment of lands to the "heirs of A," when the estate is 
held by devisees, is erroneous, and a suit for the tax can not be 
maintained. 90 Me. 493. 

In a suit to collect taxes assessed to "estate of A," testimony 
to show that the assessors meant to apply to the executor cannot 
be introduced. 90 Me. 494. 

Ninth. Personal property held by religious societies shall be 
assessed to the treasurer thereof in the town where they usually 
hold their meetings. R. S. c. 9, § 13 ; Qb Me. 94. 

Tenth. Personal property in another state or country on the 
first day of each April, and legally taxed there. lb. 

The stock of toll bridges shall be taxed as personal property, 
to the owners thereof, in the towns where they reside, except 
stock owned by persons residing out of the state, which shall be 
taxed in the town where the bridge is located, and where such 
bridge is in two towns, one-half of such stock so owned by per- 
sons residing out of the state shall be assessed and taxed in each 
town. R. S. c. 9, § 14. 

When the clerk of a corporation holding property liable to be 
taxed, fails to comply with section twenty-four of chapter forty- 
seven, whether the corporation was chartered before or since the 



THE ASSESSMENT OF TAXES. 155 

separation of Maine from Massachusetts, such property for the 
purposes of taxation, shall be deemed corporate property, liable 
to be taxed to the corporation, although its stock has been 
divided into shares and distributed among any number of stock- 
holders. R. S. c. 9, § 15. 

Cashiers of banks, treasurers of trust and banking and safe 
deposit companies and clerks or treasurers of other corporations 
shall ascertain the residences of all stockholders in either; and 
no dividend shall be paid to any stockholder, whose residence, 
for the time being, is not entered on the books thereof ; and the 
cashiers of banks, and clerks or treasurers of all corporations 
holding property liable to be taxed, shall, by the eighth day of 
April annually, return under oath, to the assessors of each town, 
in which any of its stockholders reside, the names of such stock- 
holders, the amount of stock owned by them on the first day of 
such April, and the amount of stock paid into such corporations, 
and also the value of the real estate, vaults and safe deposit 
plant, owned by any bank, or trust and banking or safe deposit 
company which is taxed as other real estate is taxed in the town 
in which it is located and the amount for which it is valued by 
the assessors of such municipality for the year previous, and 
such return shall contain in the body thereof, or by note annexed 
thereto, an abstract of section thirty-two of chapter nine ; and 
said cashiers of banks, treasurers of trust and banking and safe 
deposit companies, and clerks or treasurers of such other corpo- 
rations shall make like returns to the assessors of the town 
where such bank, company or other corporation is located or 
transacts its ordinary business, of all the stock in such bank, 
company or other corporation not returned to the assessors of 
other towns in the state. Such returns shall be the basis of tax- 
ation on such property, deducting the assessed value of the real 
estate, vaults and safe deposit plant of any bank, trust and bank- 
ing or safe deposit company as herein provided. R. S. c. 47 ; 
65 Me. 379; 82 Me. 189. 

To tax to the individual shareholders the shares of a bank and 
to tax at the same time to the bank the shares owned by it in 
other banks, imposes to that extent an extra burden on the 
shareholders of the bank so taxed. While the tax statutes of 
the state specifically and explicitly subject the real estate of a 
bank to taxation to the bank, notwithstanding its shares are also 
subjected to taxation, they do not specifically and explicitly sub- 
ject to such taxation shares in other banks owned by it, and 



156 THE ASSESSMENT OF TAXES. 

hence it cannot be held liable to taxation upon such shares. 
103 Me. 418. 

Such property, both real and personal, is taxable for state, 
county, city, town, school district and parochial taxes, to be 
assessed and collected in the same manner and with the same 
effect as upon similar taxable property owned by individuals. 
If the corporation has the right to receive tolls, such right or 
franchise may be taken and sold on warrant of distress for pay- 
ment of such taxes, as such property is taken and sold on 
execution. R. S. c. 9, § 16 ; 88 Me. 179. 

Blood animals, brought into the state and kept for improve- 
ment of the breed, shall not be taxed at a higher rate than stock 
of the same quality and kind bred in the state. R. S. c. 9, § 17. 

When an insurance or other incorporated company is required 
by law to invest its capital stock or any part thereof in the 
stock of a bank, or other corporation in the state, for the security 
of the public, such investments shall not be liable to taxation 
except to the stockholders of the company so investing as mak- 
ing a part of the value of their shares in the capital stock of 
said company. R. S. c. 9, § 18 ; 103 Me. 418. 

(Note : See decision under section fifteen, supra.) 

When the capital stock of any insurance company incorporated 
in the state, is taxed at its full value, the securities and pledges 
held by said company to the amount of said stock, are exempt 
from taxation; but if the pledge or security consists of real 
estate in a town other than that where the stockholder resides, 
it shall be taxed where it lies, and the stock shall be exempt to 
the amount for which it is assessed. R. S. c. 9, § 19; 103 Me. 
418. 

(Note : See decision under section fifteen, supra.) 

When personal property is mortgaged or pledged, it shall for 
purposes of taxation, be deemed the property of the party who 
has it in possession, and it may be distrained for the tax thereon. 
Money or personal property, loaned or passed into the hands or 
possession of another, by any person residing in the state, 
secured by an absolute deed of real estate, shall be taxed to the 
grantee, as in case of a mortgage, although the land is taxed to 
the grantor or other person in possession. R. S. c. 9, § 20. 

The statute authorizes a distress for taxes levied on mort- 
gaged property, but only upon the specific property mortgaged 
and taxed, and only for the specific tax laid. If a poll tax and 



THE ASSESSMENT OF TAXES. 157 

a tax upon other property is joined with such specific tax in the 
distress, it is a waiver of the lien. 74 Me. 79. 

The undivided real estate of a deceased person may be 
assessed to his heirs or devisees without designating any of 
them by name, until they give notice to the assessors of the 
division of the estate, and the names of the several heirs or 
devisees; and until such notice is given, each heir or devisee 
shall be liable for the whole of such tax, and may recover of the 
other heirs or devisees their portions thereof when paid by him 
and in an action for that purpose, the undivided shares of such 
heirs or devisees in the estate, upon which such tax has been 
paid, may be attached on mesne process, or taken on execution 
issued on a judgment recovered in an action therefor. Or such 
real estate may be assessed to the executor or administrator of 
the deceased, and such assessment shall be collected of him the 
same as taxes assessed against him in his private capacity, and 
it shall be a charge against the estate and shall be allowed by the 
judge of probate ; but when such executor or administrator noti- 
fies the assessors that he has no funds of the estate to pay such 
taxes, and gives them the names of the heirs, and the proportions 
of their interests in the estate to the best of his knowledge, the 
estate shall no longer be assessed to him. R. S. c. 9, § 21. 

When land has been devised it should be taxed to the devisees 
and not to "the heirs of." "Undivided real estate of a person 
deceased may be taxed to his heirs without naming them when, 
and only when, it descends to them by operation of law; and 
that it may be taxed to devisees without naming them when,, 
and only when, it comes to them by will." 69 Me. 32. 

Taxes assessed in conformity with this section are a personal 
charge against the persons assessed ; but to render such persons 
liable, the tax must be assessed to them. Taxes can be legally 
assessed only by authority of the state. No statute authorizes 
the assessment of taxes to the "estate of" the deceased. 76 
Me. 551. 

The assessors assess real estate to the "James Ulmer Heirs'" 
and later, learning of a will, undertake to make a supplementary 
assessment of the same real estate and this time to "James 
Ulmer's Devisees" and suit was brought by the city to enforce 
the tax against the devisees ; the court Held, that the assessors 
had jurisdiction to assess the real estate to the owners either on 
the original or supplementary assessment, and judgment was 



158 THE ASSESSMENT OF TAXES. 

awarded to the city against the defendants for the tax sued for. 
87 Me. 359; 95 Me. 168. 

Partners in business, whether residing in the same or different 
towns, may be jointly taxed, under their partnership name, in 
the town where their business is carried on, for all personal 
property enumerated in .paragraph one of section thirteen, 
employed in such business ; and if they have places of business 
in two or more towns, they shall be taxed in each town for the 
portion of property employed therein ; except that if any portion 
of such property is placed, deposited or situated in a town other 
than where their place of business is, under the circumstances 
specified in said paragraph, they shall be taxed therefor in such 
other town ; and in such cases they shall be jointly and severally 
liable for such tax. R. S. c. 9, § 22. 

Where it appears that the property taxed by the defendants 
was the property of the firm and was used in their partnership 
business, it was held that such property can only be taxed to the 
firm "in the town where their business is carried on." Where 
plaintiff was a member of a firm, residing and carrying on a 
lumber business in Bangor, and also a member of another firm 
owning a wharf in Brewer, he cannot be taxed in Brewer for his 
portion of the former firm's lumber piled on the wharf of the lat- 
ter firm to season, and for which the former firm pays wharfage 
to the latter. 59 Me. 286. 

All real estate, and such as is usually called real, but is made 
personal by statute, may be taxed to the tenant in possession, or 
to the owner, whether living in the state or not, in the town 
where it is ; and when a state, county or town tax is assessed on 
lands owned or claimed to be owned, in common, or in severalty, 
any person may furnish the collector or treasurer, to whom the 
tax is to be paid, an accurate description of his part of the land, 
in severalty, or his interest, in common, and pay his proportion 
of such tax ; and thereupon his land or interest shall be free of 
all lien created by such tax. R. S. c. 9, § 23 ; 22 Me. 405 ; 25 
Me. 365; 32 Me. 70; 34 Me. 90; 35 Me.' 554; 37 Me. 444; 43 
Me. 499 ; 47 Me. 172, 415 ; 74 Me. 284. 

When assessors continue to assess real estate to the person to 
whom it was last assessed, such assessment is valid, although the 
ownership or occupancy has changed, unless previous notice is 
given of such change, and of the name of the person to whom it 
has been transferred or surrendered ; and a tenant in common, 
or joint tenant, may be considered sole owner for the purpose of 



THE ASSESSMENT OF TAXES. 159 

taxation, unless he notifies the assessors what his interest is. 
R. S. c. 9, § 24. 

M, a non-resident, was owner of real es.tate which was assessed 
to her up to the time of her death. The assessors continued to 
assess taxes on this real estate in her name as a non-resident 
owner. For non-payment of these taxes the property was sold 
at tax sale. Held, that the taxes assessed to her after her death 



were void. 95 Me. 165. 

The buildings, lands and other property of manufacturing, 
mining and smelting corporations, made personal by their char- 
ters, and not exempt from taxation, and all stock used in fac- 
tories, shall be taxed to the corporation, or to the persons having 
possession of their property or stock, in the town or place where 
the corporations are established, or the stock is manufactured ; 
and the buildings and lands and other property of agricultural 
and stock raising corporations shall be taxed to the corporation, 
or to the person having possession of the property, in the towns 
where the buildings and lands are situated and where the per- 
sonal property is kept ; and there shall be a lien for one year on 
such property and stock for payment of such tax, and it may be 
sold for payment thereof, as in other cases ; and shares of the 
capital stock of such corporations shall not be taxed to their 
owners. R. S. c. 9, § 25. 

Cashiers of banks, treasurers of trust and banking and safe 
•deposit companies and clerks or treasurers of other corporations 
shall ascertain the residences of all stockholders in either ; and 
no dividend shall be paid to any stockholder, whose residence, 
for the time being, is not entered on the books thereof ; and the 
-cashiers of banks, and clerks or treasurers of all corporations 
holding property liable to be taxed, shall, by the eighth day of 
April annually, return under oath, to the assessors of each town, 
in which any of its stockholders reside, the names of such stock- 
holders, the amount of stock owned by them on the first day of 
such April, and the amount of stock paid into such corporations, 
and also the value of the real estate, vaults and safe deposit 
plant, owned by any bank, or trust and banking or safe deposit 
•company which is taxed as other real estate is taxed in the town 
in which it is located and the amount for which it is valued by 
the assessors of such municipality for the year previous, and such 
Teturn shall contain in the body thereof, or by note annexed 
thereto, an abstract of section thirty-two of chapter nine ; and 
said cashiers of banks, treasurers of trust and banking and safe 



160 THE ASSESSMENT OF TAXES. 

deposit companies, and clerks or treasurers of such other corpora- 
tions shall make like returns to the assessors of the town where 
such bank, company or other corporation is located or transacts 
its ordinary business, of all the stock in such bank, company or 
other corporation not returned to the assessors of other towns in 
the state. Such returns shall be the basis of taxation on such 
property, deducting the assessed value of the real estate, vaults 
and safe deposit plant of any bank, trust and banking or safe 
deposit company as herein provided. R. S. c. 47, § 24 ; 65 Me- 
379 ; 82 Me. 189. 

If the return required by the provisions of the foregoing sec- 
tion is not made, the assessors in the town where personal prop- 
erty of such corporation is found may assess same, as provided 
in section twenty-five of chapter nine of the revised statutes. 

Tax statutes are to be construed strictly against the state,, 
and especially are they to be so construed as to avoid double 
taxation unless their language interpreted according to recognized 
principles of statutory interpretation fairly compels a contrary 
construction. To tax the shares of a corporation to the share- 
holders, and to tax at the same the property of the corporation 
to the corporation itself, imposes in effect, if not in theory, a 
double tax burden on the shareholders. 103 Me. 418. 

The buildings, lands and all other property, real and personal, 
including all reserve funds, accumulations and undivided profits 
of corporations organized for the purpose of buying, selling and 
leasing real estate, shall be taxed to the corporation or the per- 
sons having possession of such property, in the place where such 
land and other property are situated, and there shall be a lien 
for one year on such property for the payment of such tax, and 
the same may be sold for payment thereof as in other cases ; and 
shares of the capital stock of such corporations shall not be 
taxed to the owners thereof. R. S. c. 9, § 26. 

All sailing vessels and barges registered or enrolled under the 
laws of the United States or foreign governments, owned wholly 
or in part by inhabitants of this state, shall be taxed upon an 
appraised value of twenty dollars a ton gross tonnage for new 
vessels and barges completed on or before the first day of April 
of each year. Vessels or barges one year old or more shall be 
reduced in value at the rate of one dollar a ton a year for each 
additional year of age, until they shall have reached the age of 
seventeen years, at and after which time said vessels and barges 
shall be taxed upon an appraised value of three dollars a ton,. 



THE ASSESSMENT OF TAXES. 161 

gross tonnage. The provisions of this section shall not apply to 
steam barges. R. S. c. 9, § 27. 

Vessels and barges when rebuilt shall be taxed on the same 
valuation as vessels and barges of one-half the age of such 
rebuilt vessels or barges. A vessel or barge shall be regarded 
as rebuilt only on an expenditure being made of not less than 
forty per cent of the cost of such vessel or barge if built entirely 
new. Vessels and barges if . repaired to the extent of twenty- 
five per cent of the cost of such vessel or barge if built entirely 
new, shall be taxed upon the same valuation as vessels and 
barges of five-eighths the age of such repaired vessel or barge. 
The provisions of this section shall not apply to steam barges. 
R. S. c. 9, § 28. 

All real property in the state owned by any bank incorporated 
by this state, or by any national bank or banking association, or 
by any corporation organized under the laws of this state for the 
purpose of doing a loan, trust or banking business and having a 
capital divided into shares, shall be taxed in the place where the 
property is situated, to said bank, banking association or corpo- 
ration, for state, county and municipal taxes, according to its 
value, like other real estate ; but the stock of such banks, bank- 
ing associations and other corporations shall be taxed to the 
owners thereof where they reside, if known to be residents of the 
state ; but taxation of shares in such banks shall not be at a 
greater rate than is assessed upon other money capital in the 
hands of citizens. This section does not apply to building and 
loan associations. R. S. c. 9, § 29 ; 54 Me. 542; 55 Me. 457 ; 
56 Me. 275 ; 103 Me. 418. 

The claimant of an illegal tax assessed upon bank shares, for 
the purpose of preventing the seizure and sale of them by the 
collector, is not a voluntary payment. The right of tax-payers 
to recover back a tax paid under protest, must be determined by 
the law as it was when the tax was assessed and paid. 
56 Me. 311. 

Stock of any bank or other corporation, except a manufactur- 
ing corporation, or corporation mentioned in section twenty -six, 
held by persons out of the state, or unknown, which has not been 
certified according to section twenty-four of chapter forty-seven, 
in any town in the state, and is not there assessed ; and the 
stock of any bank or such other corporation appearing by the 
books thereof to be held by persons residing out of the state, or 

11 



162 THE ASSESSMENT OF TAXES. 

whose residence is unknown to the assessors, shall unless exempt 
be assessed in the town where such bank or other corporation is 
located, or transacts its ordinary business ; and such town has a 
lien on such stock and all dividends thereon, from the date of 
such assessment, until such tax and all costs and expenses arising 
in the collection thereof are paid. No assignment, sale, transfer 
or attachment passes any property in such stock unless the 
vendee first pays such tax and cost. R. S. c. 9, § 30 ; 103 Me. 
418. 

The cashier or other officer of each bank or other corporation, 
except a manufacturing corporation or corporation mentioned in 
section twenty-six, shall exhibit on demand, to the assessors of 
any town all the books of such bank or other corporation that 
contain any record of the stock of such bank or other corporation 
or any dividend, declared or paid thereon, and if requested, shall 
deliver to them a true and certified copy of so much of said 
record as they require. If any cashier or other officer neglects 
or refuses to perform the duties required by this section, the 
assessors may doom such bank or other corporation in such sum 
as they deem reasonable, and the assessment shall bind such 
bank or other corporation and the tax thereon shall not be abated, 
and for such neglect or refusal, such cashier or other officer for- 
feits five hundred dollars to be recovered in an action of debt, 
half to the prosecutor and half to the state. R. S. c. 9, § 31 ; 
103 Me. 418. 

When returns of stock in banks and national banking associa- 
tions and other corporations are made according to the preced- 
ing section, or section twenty-four of chapter forty-seven, if it is 
found by the assessors of any town receiving such returns that 
the holders of such stock do not reside in such town, they shall 
within fifteen days return the names of such stockholders, with 
the amount of stock held by them to the assessors of the town 
where such stockholders reside, if their residence is known, and 
within the state ; and if not, such return shall be made to the 
assessors of the town where the bank is located, and shall be 
subject to section thirty of this chapter. R. S. c. 9, § 32 ; 103 
Me. 418. 

The collector of a town, to whom has been committed a tax 
upon the stock of any bank or other corporation, except a manu- 
facturing corporation or corporation mentioned in section twenty- 
six, shall, within thirty days after the bills of assessment are 
delivered to him, cause a written notice to be delivered to the 



THE ASSESSMENT OF TAXES. 163 

cashier or president thereof, stating the description of stock 
taxed, to whom assessed, if stated in the bills, and the tax 
thereon. No dividend shall be paid on such stock after such 
notice until the tax and all cost thereon are paid. The cashier 
or treasurer may pay such tax, and payment shall constitute a 
charge in offset against any dividend thereon. Should such tax 
remain unpaid for ninety days after such notice, the collector 
may sell such stock in the manner specified in sections twenty- 
four and twenty-five of chapter ten. For the purpose of collect- 
ing taxes on bank or other stock, collectors may act in any town. 
R. S. c. 9, § 33; 103 Me. 418. 

Any town treasurer, or his successor in office may maintain an 
action on the case against any bank, or other corporation, and 
recover therein the tax assessed if unpaid, and the lawful charges 
upon any share thereof, if any dividend thereon has been paid 
after such tax was assessed, provided the notice prescribed in the 
preceding section has been given ; but judgment shall not be 
rendered in such action for a larger sum in damages than the 
dividend thus paid, and all such taxes and charges may be recov- 
ered in one suit, if said treasurer so elects. R. S. c. 9, § 34 ; 103 
Me. 418. 

When any assessors, after completing the assessment of a tax, 
discover that they have omitted any polls or estate liable to be 
assessed, they may, during their term of office, by a supplement 
to the invoice and valuation, and the list of assessments, assess 
such polls and estate their proportion of such tax according to 
the principles on which the assessment was made, certifying that 
they were omitted. Such supplemental assessments shall be 
committed to the collector with a certificate under the hands of 
the assessors, stating that they were omitted, and that the powers 
in their previous warrant, naming the date of it, are extended 
thereto; and the collector has the same power, and is under the 
same obligations to collect them, as if they had been contained in 
the original list; and all assessments shall be valid, notwith- 
standing that by such supplement the whole amount exceeds the 
sum to be assessed by more than five per cent, or alters the pro- 
portion of tax allowed by law to be assessed on the polls. R. S. 
c. 9, § 35 ; 34 Me. 268 ; 61 Me. 547 ; 65 Me. 25 ; 87 Me. 359 : 
90 Me. 491 ; 94 Me. 354. 

When omissions or errors exist in the records or tax lists of a 
town or school district, or in returns of warrants for meetings 
thereof, they shall be amended, on oath, according to the fact, 



164 THE ASSESSMENT OF TAXES. 

while in or after lie ceases to be in office, by the officer whose 
duty it was to make them correctly. R. S. c. 4, § 10. 

If the certificate of the former clerk is not made under the 
sanction of an oath, it cannot be deemed an amendment of the 
record under the provisions of this statute. 102 Me. 418. 

When a state tax is ordered by the legislature, the treasurer of 
state shall forthwith send his warrants directed to assessors of 
each town or other place, requiring them to assess upon the polls 
and estates of each, its proportion of such state tax for the current 
year ; and shall in like manner send like warrants for the state 
tax for the succeeding year, forthwith upon the expiration of one 
year from the time such tax is so ordered. The tax for each 
year shall be separately ordered and apportioned; and the 
amount of such proportion shall be stated in the warrants. R. S. 
c. 9, § 36 ; 90 Me. 243. 

The treasurer, in his warrant, shall require said assessors to 
make a fair list of their assessments, setting forth in distinct 
columns against each person's name, how much he is assessed for 
a poll, how much for real estate, and how much for personal 
estate, distinguishing any sum assessed to such person as guard- 
ian, or for any estate in his possession as executor, administrator 
or trustee; to insert in such list the number of acres of land 
assessed to each non-resident proprietor, and the value at which 
they have estimated them ; to commit such list, when completed 
and signed by a majority of them, to the collector or constable of 
such town or other place, with their warrants in due form requir- 
ing them to collect and pay the same to the treasurer of such 
town or other place, at such . times as the legislature, in the act 
authorizing such tax, directed them to be paid ; and to return a 
certificate of the names of such officers and the amount so com- 
mitted to each, two months at least before the time at which 
they are required to pay in such tax. R. S. c. 9, § 37. 

In the assessment of all state, county, town, plantation, parish 
or society taxes, assessors shall govern themselves by this chap- 
ter, except in parishes and societies where different provision for 
assessing their taxes is made ; and shall assess on the taxable 
polls therein hi accordance with section one of this chapter, such 
part of the whole sum to be raised as they deem expedient ; and 
the residue of such taxes shall be assessed on the'estates accord- 
ing to their value. R. S. c. 9, § 38 ; 55 Me. 461. 

Assessors of towns, plantations, school districts, parishes and 
religious societies, are not responsible for the assessment of any 



THE ASSESSMENT OF TAXES. 165 

tax, which they are by law required to assess ; but the liability 
shall rest solely with the corporation for whose benefit the tax 
was assessed, and the assessors shall be responsible only for their 
own personal faithfulness and integrity. R. S. c. 9, § 39 ; 11 
Me. 137; 12 Me. 259; 15 Me. 260; 43 Me. 499; 49 Me. 351 ; 
90 Me. 243. 

Property taken to pay an illegal tax may be recovered from 
the corporation for whose benefit the tax was assessed. 39 
Me. 183. 

Lands not exempt, and not liable to be assessed in any town, 
may be taxed by the legislature for a just proportion of all state 
and county taxes as herein provided for ordering the state and 
county taxes upon property liable to be assessed in towns. The 
board of state assessors shall make lists thereof, with as many 
divisions as will secure equitable taxation, conforming as near as 
convenient to known divisions and separate ownership and 
report the same to each successive legislature. R. S. c. 9, § 40. 

Such lands may be assessed by the county commissioners 
according to the last state valuation for a due proportion of 
county taxes. Lists of such taxes shall immediately be certified 
and transmitted by the county treasurer to the treasurer of state. 
In the list, each such township and tract shall be sufficiently 
described, with the date and amount of assessment on each. 
The treasurer of state shall, in his books, credit the county 
treasurer for the amount of each such assessment when collected 
by him and shall certify and pay to said county treasurer the 
amount of tax and interest so collected on or before the last day 
of each April, August and December, and so much of said tax 
and interest so collected as may be necessary is hereby appropri- 
ated to pay the same to the several county treasurers, and the 
governor and council are hereby authorized to draw their war- 
rants for the same as above provided. R. S. c. 9, § 41 ; 86 
Me. 515. 

When the legislature assesses such state tax, the treasurer of 
state shall, within three months thereafter, cause the lists of 
such assessments, together with the amounts of county tax on 
said lands so certified to him, both for the current year, to be 
advertised for three weeks successively in the state paper, and 
in some newspaper, if any, printed in the county in which the 
land lies, and shall cause like advertisement of the lists of such 
state and county taxes for the following year to be made within 
three months after one year from such assessment. Said lands 



166 THE ASSESSMENT OF TAXES. 

are held to the state for payment of such state and county taxes, 
with interest thereon at the rate of twenty per cent to com- 
mence upon the taxes for the year for which such assessment is 
made at the expiration of six months and upon the taxes for the 
following year at the expiration of eighteen months from the 
date of such assessment. R. S. c. 9, § 42 ; 86 Me. 515 ; 95 
Me. 418. 

Owners of the lands so assessed and advertised ma}^ redeem 
them by paying to the treasurer of state the taxes with interest 
thereon within one year from the time when such interest com- 
mences. Each owner may pay for his interest in any tract 
whether in common or not and upon riling with the state assess- 
ors a certificate showing the number of acres, and describing the 
property on which he desires to pay the tax and where the same 
is located, and paying the amount due, shall receive a certificate 
from the treasurer of state, discharging the tax on the number 
of acres or interest, upon which such payment is made. Each 
part or interest of every such township or tract, upon which the 
state or county taxes so advertised are not paid with interest 
within the time limited in this section for such redemption, shall 
be wholly forfeited to the state, and vest therein free of any 
claim by any former owner. But this section and the five fol- 
lowing sections do not apply to taxes upon organized plantations 
taxed by the state as wild lands. R. S. c. 9, § 43 ; 26 Me. 219 ; 
36 Me. 336; 43 Me. 312; 46 Me. 518; 95 Me. 418. 

Lands thus forfeited shall annually in November be sold by 
the treasurer of the state at public auction to the highest bidder ; 
but never at a price less than the full amount due thereon for 
such unpaid state, county and district taxes, interest and cost of 
advertising except that in case of a sale to the land agent no 
interest shall be added. Notice of the sale shall be given by 
publishing a list of the lands to be sold, with the amount of such 
unpaid taxes, interest and costs on each parcel and the time and 
place of sale, in the state paper and in some newspaper, if any 
published in the county in which the lands lie, three weeks suc- 
cessively within three months before the time of sale. The 
treasurer shall give to the purchaser a deed of such lands, which 
shall vest in such purchaser title to the same in fee subject to 
the right of redemption hereinafter provided. Such deed, before 
delivery, and all releases and certificates given under the pro- 
visions of section forty-six, of chapter nine, of the revised 
statutes, shall be recorded in the land office, with appropriate 
references thereto on the margin of the record of the original 



THE ASSESSMENT OF TAXES. 167 

deed therein recorded. The land agent of the state shall attend 
such sales, and may, in behalf of the state, bid for the same the 
amount of such unpaid taxes, and costs. In such case the deed 
may be made to the inhabitants of the state of Maine and deliv- 
ered to said land agent. For such deed the land agent shall give 
his receipt which shall be a sufficient authority for the governor 
and council to draw their warrant upon the state treasurer for 
the amount of such taxes, and costs. The proceeds of any tax 
sales under this act shall be credited by the treasurer of state to 
the several accounts of state, county and district taxes, interest 
and costs of advertising. R. S. c. 9, § 44 ; 60 Me. 270 ; 68 Me. 
317 ; 86 Me. 515 ; 95 Me. 418. 

The proceedings which work a forfeiture of lands to the state 
for non-payment of taxes, and the steps in making a sale by the 
state are to be considered strictly, in a controversy between a 
purchaser from the state and the original owner. 68 Me. 316. 

In the sale of land for non-payment of taxes, the land assessed 
and sold must be accurately described. 60 Me. 270. 

If any such tract is sold for more than the amount due, the 
surplus shall be held by the state to be paid to the owner, whose 
right has been so forfeited, upon proof of ownership produced 
to the governor and council. R. S. c. 9, § 45 ; 95 Me. 418. 

Any owner may redeem his interest in such lands, by paying 
to the treasurer of state his part of the sums due at any time 
before sale ; or after sale, by paying or tendering to the pur- 
chaser, within a year, his proportion of what the purchaser paid 
therefor at the sale, with interest at the rate of twenty per cent 
a year from the time of sale, and one dollar for a release ; and 
the purchaser, on reasonable demand, shall execute such release ; 
and if he refuses or neglects, a bill in equity may be maintained 
to compel him, with costs and any damages occasioned by such 
refusal or neglect. Or such owner may redeem his interest by 
paying as aforesaid to the treasurer of state, who, on payment 
of fifty cents, shall give a certificate thereof; which certificate, 
recorded in the registry of deeds in the county or district where 
the lands lie, shall be a release of such interest, and the title 
thereto shall revert and be held as if no such sale had been 
made. The governor and council may draw their warrant on 
the treasurer for any money so paid to him, in favor of the pur- 
chaser for whom it was paid, or his legal representatives. R. S. 
c. 9, § 46; 77 Me. 83; 95 Me. 418. 



168 THE ASSESSMENT OF TAXES. 

Land sold by the state for the non-payment of a legal state 
tax and an illegal county tax does not work a forfeiture of 
demandant's title to the land. 77 Me. 83. 

The printer's bills for advertising such lands shall be divided 
in each case by the number of townships and tracts advertised, 
and each shall be charged with its proportion thereof. All 
amounts of county taxes and interest so received by the treasurer 
of state, shall be credited by him to the counties to which they 
belong, and paid to the treasurers thereof. The treasurer of 
state shall record his doings in every such sale ; and a certified 
copy of such record shall be prima facie evidence, in any court, 
of the facts therein set forth. He shall give a deed to the pur- 
chaser conveying all the interest of the state in the land sold. 
R. S. c. 9, § 47. 

Any owner of lands so assessed by the county commissioners 
for county taxes, may redeem them by paying to the county 
treasurer the amount due thereon for such taxes, interest and 
charges, and depositing with the treasurer of state the county 
treasurer's certificate of such payment, at any time before the 
sale. R. S. c, 9, § 48. 

The timber and grass on the reserved lands shall be held to 
the state for the payment of such state and county taxes as may 
be lawfully assessed against them after April twenty-six, eighteen 
hundred and ninety-seven, with interest thereon at the rate of 
twenty per cent a year, to commence upon the taxes for the year 
in which such assessment is made, at the expiration of one year, 
and upon the taxes for the following year, at the expiration of 
two years from the date of such assessment. R. S. c. 9, § 49. 

The words "timber and grass," when used in reference to the 
public lots, so-called, in unincorporated townships in the state, 
mean all growth of every description on said lots. R. S. c. 1, § 6. 

Each owner of timber and grass so assessed may pay the part 
of the tax so assessed proportioned to his interest in any tract, 
whether in common or not ; and shall receive from the treasurer 
of state a certificate, discharging the tax upon the interest upon 
which such payment is made. R. S. c. 9, § 50. 

Each fractional part, or interest represented by acreage, in all 
such reserved lands, upon which the state and county taxes and 
interest are not paid at the time of the annual land sale in Sep- 
tember, shall be forfeited to the state, the same as in the case of 
lands sold for taxes ; but any owner may redeem his interest in 
such reserved lands by tendering to the treasurer of state, within 



THE ASSESSMENT OF TAXES. 169 

one year after the date of the land sale at which said interest was 
forfeited, his proportional part of all the sums due on the 
reserved lands in any township, together with interest at twenty 
per cent a year from the date of the land sale, and one dollar for 
release. R. S. c. 9, § 51. 

If any fractional part or interest represented by acreage in such 
reserved lands shall not be redeemed as provided in the preced- 
ing section, at the expiration of one year from the date of the 
land sale at which such interest was forfeited, then it shall be 
and remain wholly forfeited to the state, and shall vest in the 
state free from all claims by any former owner. R. S. c. 9, § 52. 

All timber and grass forfeited under the provisions of the pre- 
ceding section, shall be held in trust by the state for the benefit 
of the townships in which such reserved lands lie, and shall be 
under the control of the land agent, as provided in the case of 
reserved lands in organized plantations. R. S. c. 9, § 53. 

The land agent shall cause a division to be made, if found nec- 
essary from time to time, of the reserved lands or public lots 
which have been partially forfeited, and shall set off and hold 
the forfeited portions for the benefit of townships in which they 
lie, as provided in the preceding section. R. S. c. 9, § 54. 

After such timber and grass shall be wholly forfeited to the 
state, the treasurer of state shall charge all taxes due from such 
interests as are forfeited, to the several townships in which they 
lie, to be deducted from such moneys as may be payable to said 
townships in the future, from the sale of stumpage by the land 
agent. R. S. c. 9, § 55. 

When a road is laid over lands under section forty-three, of 
chapter twenty-three, the county commissioners shall at their first 
regular session thereafter assess thereon and on adjoining town- 
ships benefitted thereby, such an amount as they judge necessary 
for making, opening and paying expenses attending it ; and such 
assessment shall create a lien thereon for the payment thereof ; 
and they may make as many divisions as are equitable, conforming 
as nearly as is convenient to known divisions and separate own- 
erships, and may assess upon each a sum proportional to the value 
thereof and the benefits likely to result to the same by the estab- 
lishment of the road ; when such assessment would be unreason- 
ably burdensome to such owners, they shall assess an equitable 
sum on the county and the balance only on such land. Any 
person aggrieved by an assessment may appeal to the supreme 
judicial court at the term thereof first held after such assess- 



170 THE ASSESSMENT OF TAXES. 

ment ; and the presiding judge at that term shall, on hearing the 
case, determine what part of said assessment shall be paid by 
the owners of the tract or township, and what part, if any, by the 
county, and there shall be no appeal from such decision. They 
shall, at the same time, fix the time for making and opening such 
road, not exceeding two years from the date of the assessment, 
and appoint an agent or agents, not members of their board, to 
superintend the same, who shall give bond to the treasurer of the 
county, with sureties approved by them, to expend the money 
faithfully, and to render account thereof on demand; and they 
shall publish a list of the townships and tracts of land so 
assessed, with the sum assessed on each, and the time in which 
the road is to be made and opened, in the state paper, and in 
some paper, if any, printed in the county where the lands lie, 
three weeks successively, the last publication to be within three 
months from the date of the assessment. R. S. c. 9, § 56 ; 17 
Me. 198; 27 Me. 294; 29 Me. 201; 30 Me. 352; 33 Me. 458; 
46 Me. 346 ; 72 Me. 248 ; 80 Me. 285 ; 83 Me. 517, 521. 

(Note : Revised statutes, chapter twenty-three, sections forty- 
three to forty-seven, relate to the laying out, altering and discontin- 
uing of ways in unincorporated places.) 

"The county commissioners shall at their first regular session," 
etc. Held, that the assessments are to be made at the same reg- 
ular session at which the location of the road is filed; the object 
of the statute being to prevent their being made at an adjourned 
term of said regular session. 83 Me. 515. 

If the owners make and open such road to the acceptance of 
the commissioners, after an actual examination by one or more of 
their board, within said time, the assessment shall thereby be 
discharged ; otherwise it shall be enforced as hereinafter pro- 
vided, and the agents shall proceed immediately to make and 
open it. R. S. c. 9, § 57. 

Said county commissioners, in September, annually, by one or 
more of their board, shall make an inspection of all county roads 
and other roads originally located as town roads in the unincor- 
porated townships and tracts of land in their counties, and shall 
thereupon make an estimate of the amount needed to put them 
in repair, so as to be safe and convenient for public travel, and 
assess thereon not exceeding two per cent of the valuation there- 
of, and shall assess on the county the balance of said amount if 
said assessment of two per cent is not sufficient to properly 
repair said roads; and they shall make as many divisions as are 



THE ASSESSMENT OF TAXES. 171 

equitable, conforming as nearly as is convenient to known divis- 
ions and separate ownerships, and shall assess upon each a sum 
proportionate to the value thereof ; and cause so much thereof as 
they deem necessary for the purpose aforesaid, to be expended 
on said roads within one year thereafter, which assessment shall 
create a hen thereon for the payment thereof. They shall make 
such assessment by the first day of each January, and at the 
same time appoint an agent or agents, skilled in road-building, 
not members of their board, to superintend the expenditure 
thereof, who shall give bonds as provided in section fifty-six ; 
and they shall publish a list of townships and tracts of land so 
assessed, with the sums so assessed on each, and the roads on 
which it is to be expended, in some paper printed in the county 
where the lands lie, three weeks successively, the last publication 
to be within three months from the date of the assessment. R. S. 
c. 9, § 58; 63 Me. 568 ; 87 Me. 503. 

When a county road exists within the limits of an unincorpor- 
ated township, the whole township is liable to be taxed to put it 
in repair. That for the purposes of such taxation the township 
is a unit, and cannot be regarded as composed of two distinct 
tracts of land simply because there are two separate and distinct 
sets of owners. The words "tracts of lands" are used to desig- 
nate islands, gores, and other fragments not included in a town- 
ship ; they were not intended to apply to any portion of the land 
within a regularly located township. 63 Me. 568. 

If any owner fails to pay the sum so assessed on his land, for 
the expenses of making and opening such new roads, within two 
months from the time fixed therefor as provided in section fifty- 
seven or fails within two months after the fifteenth day of each 
June, to pay his assessment for repairing roads, as provided in 
the two preceding sections, the county treasurer shall proceed to 
sell the lands so assessed, by advertising the lists of unpaid 
taxes, with the date of assessment and the time and place of sale, 
in the state paper, and in some paper, if any, printed in the 
county where the lands lie, three weeks successively, the last 
publication to be at least thirty days before the time of sale. No 
bid shall be received at such sale for less than the amount due 
for the tax, costs and interest at twenty per cent a year from the 
time prescribed for the payment of said tax ; and the treasurer 
shall sell so much of said land as is necessary to pay the unpaid 
tax, costs and interest as aforesaid, and give a deed thereof to 
the purchaser, if any ; and if no one becomes a purchaser at such 
sale it shall be forfeited to the county ; and such owner or part 



172 THE ASSESSMENT OF TAXES. 

owner or tenant in common, may redeem his interest therein at 
any time within two years from the sale or forfeiture, by paying 
to the purchaser or the county the sum for which it was sold or 
forfeited, with interest • at twenty per cent a year, and any sums 
subsequently paid for state and county taxes thereon. Any 
owner of lands so sold, shall receive his share in any overplus of 
the proceeds of such sale, on exhibiting to the treasurer satisfac- 
tory evidence of his title. In addition to the foregoing method for 
the collection of highway taxes, the county commissioners of any 
county may, in writing, at any time subsequent to that when the 
lands so assessed might be sold for non-payment of the taxes 
assessed thereon, direct the treasurer of such county to com- 
mence an action of debt in the name of the inhabitants of said 
county, against the party liable to pay such taxes. But no such 
defendant shall be liable for any costs of suit in such action 
unless it appears by the declaration and proof, that payment of 
said tax has been duly demanded by said treasurer before the 
suit was commenced. R. S. c. 9, § 60 ; 27 Me. 294; 30 Me. 
352; 33 Me. 458; 69 Me. 349 ; 74 Me. bb. 

In the sale of land for failure to pay a tax assessed, it should 
appear that an effort was made to obtain the amount of the tax 
and charges by a sale of some fractional part of the land less 
than the whole. If it does not so appear, the error is fatal and 
renders the deed void. 74 Me. 53. 

At common law no lapse of time will afford presumptive evi- 
dence of the regularity of a tax sale. The recitals in a tax 
deed more than thirty years old are evidence of the facts recited, 
only when the grantee takes and holds possession of the prem- 
ises under the deed. Where there was no such possession, the 
burden is upon the grantee, in such deed, to show that, in the 
sale under a tax assessed, the officer complied with the statutes. 
69 Me. 348 ; 33 Me. 457. 

The recitals in the treasurer's deed are not conclusive, as evi- 
dence of the facts therein stated. A sale, made under the 
authority of the statute, was not rendered void by the fact, that 
it did not bring price enough to pay the whole assessment ; nor 
by the fact that the assessing officers, in computing the number 
of acres to be assessed, excluded that portion of the tract, which 
was covered by water. 33 Me. 457. 

In any trial at law or in equity involving the validity of any 
sale or forfeiture of such lands, as provided in the preceding 
section, it shall be prima facie proof of title for the party claim- 



THE ASSESSMENT OF TAXES. 173 

ing under it, to produce in evidence the county treasurer's deed, 
duly executed and recorded, the assessments signed by the 
county commissioners and certified by them or their clerk to the 
county treasurer, and to prove that the county treasurer com- 
plied with the requirements of law in advertising and selling. 
R. S. c. 9, § 61 ; 27 Me. 293 ; 101 Me. 232. 

A prima facie title in a party claiming under a tax sale for 
non-payment of road taxes assessed upon lands in unincorporated 
places is made out by producing in evidence the county treas- 
urer's deed duly executed and recorded, the assessment signed 
by the county commissioners and certified by them or their clerk 
to the county treasurer, and by proving that the county treasurer 
complied with the requirements of law in advertising and sell- 
ing. 101 Me. 233. 

County commissioners, in case of sudden injury to county 
roads and bridges in unincorporated townships and tracts of 
land in their counties, or where said roads and bridges are 
rendered impassable by snow, may cause them to be repaired or 
made passable forthwith, or as soon as they deem necessary, and 
may appoint an agent or agents not members of their own board, 
to superintend the expenditure therefor, who shall give bond as 
required in section fifty-six, if required, the whole expense 
whereof shall be added to their next assessment on said lands 
for repairs, authorized by section fifty-eight, which assessment 
shall create a lien upon said lands for the whole amount thereof 
as effectually as is now provided in relation to repairs on such 
county roads. That portion of said assessment which is for 
repairs of sudden injuries as aforesaid, shall be set down, in the 
assessment, in distinct items in a separate column, and shall not 
be discharged, under section fifty-nine, but shall be enforced as 
is provided in section sixty. R. S. c. 9, § 62. 

Purchasers of land sold for non-payment of state and county 
taxes, and assessments for opening, making and repairing roads, 
have no claim against the state or county for any defect in 
the title under such sale, notwithstanding any irregularities in the 
proceedings, or failure to comply with the law under which the 
sales were made. Deeds given pursuant to sales made for non- 
payment of state and county taxes, vest in the grantee the title 
of the state, or of the county, to the lands sold, subject to the 
conditions of sale, and no more. R. S. c. 9, § 63 : 3-± Me. 269. 

When a collector of taxes makes sale of lands assessed in a 
town for a sufficient amount to pay the taxes and expenses, and 



174 THE ASSESSMENT OF TAXES. 

receives that amount from the purchaser, all further claim upon 
the lands or the owner of them for those taxes, is extinguished, 
whether the title conveyed to the purchaser be or be not a legal 
one. The town can only claim payment from its collector to 
whom the taxes have been committed for collection. Its con- 
nection with the sale and its proceedings ceases. It cannot be 
permitted to collect those taxes again upon the ground, that its 
collector was not legally chosen or qualified. The risk respect- 
ing the title and proceedings rests upon the collector and pur- 
chaser. The town assumes no part of the risk, and does not 
become responsible for the goodness of the title conveyed to the 
purchaser, who must rely upon the covenants contained in the 
deed of the collector. 34 Me. 269. 

Any person having a legal interest in a tract so advertised, 
sold or forfeited, may redeem his interest by paying within the 
times prescribed, the amount so required to discharge the claim 
thereon. The rate of interest upon unpaid state and county 
taxes, and taxes assessed by county commissioners for opening, 
making and repairing roads, shall be twenty per cent a year, 
commencing at the expiration of one year from the date of the 
assessments, except when otherwise provided. R. S. c. 6, § 64. 

When the state has taxed wild land, and the treasurer of state 
has conveyed it, or part of it, for non-payment of tax, by deed 
purporting to convey the interest of the state by forfeiture for 
such non-payment and his record shows that the grantee, his 
heirs or assigns, has paid the state and county taxes thereon, or 
on his acres or interest therein as stated in the deed, continu- 
ously for the twenty years subsequent to such deed ; and when 
a person claims under a recorded deed describing wild land taxed 
by the state, and the record of the treasurer of state shows that 
he has, by himself or by his predecessors under such deed, paid 
the state and county taxes thereon, or on his acres or interest 
therein as stated in the deed, continuously for twentj 1 - years sub- 
sequent to recording such deed ; and whenever, in either case, it 
appears that the person claiming under such a deed, and those 
under whom he claims, have, during such period, held such 
exclusive, peaceable, continuous and adverse possession thereof 
as comports with the ordinary management of wild lands in this 
state, and it further appears that during such period, no former 
owner, or person claiming under him, has paid any such tax, or 
any assessment by the county commissioners, or done any other 
act indicative of ownership, no action shall be maintained by a 



THE ASSESSMENT OF TAXES. 175 

former owner, or those claiming under him, to recover such land, 
or to avoid such deed, unless commenced within said twenty 
years. Such payment shall give such grantee or person claim- 
ing as aforesaid, his heirs or assigns, a right of entry and seizin 
in the whole, or such part, in common and undivided, of the 
whole tract as the deed states, or as the number of acres in the 
deed is to the number of acres assessed. R. S. c. 6, § 65 ; 99 
Me. 268 ; 102 Me. 222. 

If any such former owner, or person claiming under him, dur- 
ing said period of twenty years, or any portion thereof, is a 
minor, insane, imprisoned or absent from the United States he 
may, if otherwise entitled, bring such action at any time within 
ten years after such disability is removed, notwithstanding said 
period of twenty years has expired. And if such person dies 
during the continuence of the disability, and no determination 
or judgment has been had on his title or right of action, such 
action may be brought by his heirs, or other person claiming 
under him, at any time within ten years after his death, notwith- 
standing the twenty years have elapsed. R. S. c. 6, § 66 ; 98 
Me. 268. 

The two preceding sections shall not apply to actions between 
co-tenants, nor to actions pending in court on April twenty- 
seven, eighteen hundred ninety-five, nor to those commenced 
before January one, nineteen hundred. R. S. c. 6, § 67. 

When a state tax is imposed and required to be assessed by 
the proper officers of towns, the treasurer of state shall send 
such warrants as he is, from time to time, ordered to issue for 
the assessment thereof, to the assessors requiring them forthwith 
to assess the sum apportioned to their town or place, and to 
commit their assessment to the constable or collector for collec- 
tion. R. S. c. 9, § 68. 

In order to assess a county tax, county commissioners, at their 
regular session next before the first day of each January in 
which the legislature meets, shall prepare estimates of the sums 
necessary to defray the expenses which have accrued or may 
probably accrue for one year from said day, including the build- 
ing and repairing of jails, courthouses and appurtenances, with 
the debts owed by their counties, and like estimates for the 
succeeding year, and the county tax for both said years shall be 
granted by the legislature separately at the same session. R. S. 
c. 9, § 69. 



176 THE ASSESSMENT OF TAXES. 

Said estimates shall be recorded by their clerk in a book ; and 
a copy thereof shall be signed by the chairman of the county 
commissioners, and attested by their clerk, who shall transmit it 
to the office of the secretary of state, on or before the first day 
of each January in which the legislature meets, to be by him 
laid before the legislature. R. S. c. 9, § 70. 

He [county treasurer] shall, annually, prepare and deliver his- 
account as treasurer to the close of every year, to the clerk of 
the county commissioners, to be by him enclosed with the esti- 
mates for county taxes made by said commissioners, and trans- 
mitted to the secretary of state. R. S. c. 12, § 13. 

When a county tax is authorized, the county commissioners 
shall in March, in the year for which such tax is granted, appor- 
tion it upon the towns and other places according to the last 
state valuation; they may add such sum above the sum so 
authorized, not exceeding two per cent of said sum, as a frac- 
tional division renders convenient, and certify that fact in the 
record of said apportionment, and issue their warrant to the 
assessors requiring them forthwith to assess the sum apportioned 
to their town or place, and to commit their assessment to the 
constable or collector for collection. R. S. c. 9, § 71. 

No assessment of a tax by a town or parish is legal, unless the 
sum assessed is raised by vote of the voters, at a meeting legally 
called and notified. R. S. c. 9, § 72. 

A city tax is invalid when the resolve raising it by the city 
council has not been legally passed or approved by the mayor as 
required by the city charter. 86 Me. 533. 

In an action of debt to recover state, county and city taxe& 
assessed in solido, it is no defence to the city for the unpaid part 
of the state and county taxes, that the city taxes, included in 
such assessment is invalid. 86 Me. 533. 

Before making an assessment, the assessors shall give season- 
able notice in writing to the inhabitants, by posting notifications 
in some public place in the town, or shall notify them, in such 
other way as the town at its annual meeting directs, to make 
and bring in to them true and perfect lists of their polls and all 
their estates real and personal, not by law exempt from taxation,, 
of which they were possessed on the first day of April of the 
same year. R. S. c. 9, § 73; 3 Me. 300; 57 Me. 278; 66 Me. 
387 ; 68 Me. 352, 356 ; 76 Me. 461 ; 85 Me. 330 ; 90 Me. 491 ; 
102 Me. 140. 



THE ASSESSMENT OF TAXES. 177 

Form of Assessors' Notice. 

The assessors of the town of hereby give notice to all persons liable 

to taxation in said town, that they will be in session at in said town, 

on the of April, at [state time], for the purpose of receiving lists 

of the polls and estates taxable in said town. 

All such persons are hereby notified to make and bring to said assessors 
true and perfect lists of their polls and all their estates, real and personal, 
not by law exempt from taxation, which they were possessed of, or which 
they held as guardian, executor, administrator, trustee or otherwise, on the 
first day of April, 19 — , and be prepared to make oath to the truth of the 
same. 

When estates of persons deceased have been divided during the past year, 
or have changed hands from any cause, the executor, administrator or other 
persons interested, are hereby warned to give notice of such change, and in 
default of such notice will be held under the law to pay the tax assessed 
although such estate has been wholly distributed and paid over. 

Any person who neglects to comply with this notice will be doomed to a 
tax according to the laws of the state and be barred of the right to make 
application to the assessors or county commissioners for any abatement of 
his taxes, unless he offers such list with his application and satisfies them 
that he was unable to offer it at the time hereby appointed. 



Date posted, , 19- 



Assessors. 



Form of Schedule of Real and Personal Estate. 

SCHEDULE 

Of all the personal property and real estate of , of , for the taxable 

year 19 — , and also of all personal property held by him as administrator, 
executor, trustee or guardian. 

PERSONAL PROPERTY. 

1. Money at interest, secured and unsecured, or debts due 

me more than I am owing, 

2. Cash on hand or on deposit to my credit April 1st, but 

not in a savings bank, . . . . 

3. Shares in any banks within this state, and shares in mon- 

eyed and other corporations within or without this 
state, 

4. Public stocks and securities, including the stock, scrip, 

or notes, of any corporation, state, county, city or town, 
and bonds of railroads and other corporations, 

5. Annuities, the capital producing which is not taxed in 

this state, 

12 



178 



THE ASSESSMENT OF TAXES. 



6. Goods, wares and merchandise, wheresoever they may be, 

including carriages, vehicles, bicycles, and automobiles, 

7. Horses and other live stock more than six months old 

owned or kept by me in this town; or in any other 
town for pasturing or any other temporary purpose, 
April 1st, 

8. Stock by me employed in trade, or in the erection of 

buildings or vessels, or in the mechanic arts, in this 
town April 1st, 

9. Vessels and parts of vessels, whether at home or abroad, 

including all in which I have any claim, directly or 
indirectly, 

10. Household furniture, exceeding two hundred dollars in 

value, 

11. Musical instruments, exceeding fifty dollars in value, 

12. I singly or jointly with others, hold personal property in 

trust, as administrator, executor, guardian or trustee 
for , to the amount of 

13. Personal property or an interest therein, other than that 

enumerated in this schedule, is held for me by , as 

trustee, or otherwise, to the amount of . 

14. I hold other property not in this schedule and not exempt 

from taxation to amount of 



The attention of the recipient of this schedule is called to the following 
provisions of the statutes. 

Section 73, Chapter 9, It. S. — Before making an assessment, the assessors 
shall give seasonable notice in writing to the inhabitants, by posting notifi- 
cations in some public place in the town, or shall notify them, in such other 
way as the town at its annual meeting directs, to make and bring into them 
true and perfect lists of their polls and all their estates, real and personal, 
not by law exempt from taxation, of which they were possessed on the first 
day of April of the same year. 

Section 74, Chapter 9, R. S. — If any resident owner, after such notice, does 
not bring in such list, the assessors shall ascertain otherwise, as nearly as 
may be, the nature, amount and value of the estate, real and personal, for 
which in their judgment he is liable to be taxed, and he is thereby barred 
of his right to make application to the assessors or the county commis- 
sioners for any abatement of his taxes, unless he offers such list with his 
application and satisfies them that he was unable to offer it at the time 
appointed. 

Section 75, Chapter 9, R. S. — The assessors, or either of them, may require 
the person presenting such list to make oath to its truth, which oath either 



THE ASSESSMENT OF TAXES. 179 

of them may administer, and either of them may require him to answer all 
proper inquiries in writing as to the nature, situation and value of his prop- 
erty liable to be taxed in the state, and a refusal or neglect to answer such 
inquiries and subscribe the same, bars an appeal to the county commission- 
ers, but such list and answers shall not be conclusive upon the assessors. 

DESCRIPTION OF REAL ESTATE. 

Farms or other lands, what buildings thereon, whole number of acres, 
how bounded, number of acres of mowing and tillage, of pasturing, wood 
and timber. 

House lots, size, how bounded, on what street or road situated, what 
buildings thereon. 

Interest by contract or otherwise in land exempt from taxation. 

The foregoing schedule has been computed in the lawful money of the 
United States, and comprises all the personal property of every kind and 
nature, within or without the State of Maine, and all claims for property, 
and all real estate owned or held by subject to taxation by the assess- 
ors of the of , under the laws of the State of Maine, and to the best 

of my knowledge and belief is full, true and correct. 



, ss. , A. D. 19—. 

The above named personally appeared, and made oath that the above 

statement subscribed by him is true. 

Before me, , Assessor. 

An answer must be written against each item of the above blank. 

Electors living on islands adjacent to the mainland along the 
coast of the state and within the jurisdiction thereof, but not 
incorporated with any town, and all such electors living in other 
unorganized places may furnish lists of their polls and estates to 
the assessors of any adjacent town, on or before the first day of 
each April, and said assessors shall assess state and county taxes 
upon all such persons, and they shall be collected in the same 
manner and by the same officers as if such electors were inhabit- 
ants of such town. R. S. c. 6, § 75 ; 90 Me. 374. 

Any person, association or corporation having in its employ 
more than twenty-five men in any one town or city in the state 
shall upon the written request of the chairman of the board of 
assessors of that town or city, furnish to said board a complete 
list of the names of all men in its employ in said town or city on 
the first day of the preceding April ; said list shall be furnished 
within ten days from the date of said request and neglect or 
refusal to comply with the provisions of this act shall subject 
said person, association or corporation to a penalty of fifty dol- 



180 THE ASSESSMENT OF TAXES. 

lars to be recovered on an action of debt for the benefit of such 
town, said action of debt shall be brought by the treasurer of 
said town or city in his name upon request of the assessors. 
P. L. of 1907, c. 141. 

The statute provides that "the personal property of deceased 
persons in the hands of their executors or administrators not dis- 
tributed, shall be assessed to the executors or administrators. 
An executor or administrator becomes personally liable for a 
tax so assessed and a suit may be brought against them person- 
ally, and not against the property of the deceased in their hands. 
But the tax must be assessed against such executor or adminis- 
trator to render them personally liable. 90 Me. 490. 

Water pipes, hydrants and conduits of a water company laid 
through the streets of a city or town, are taxable as real estate 
to the company in possession of them, under our statute, in the 
city or town where they are laid. 85 Me. 330. 

An action may be maintained by a town against a tax-payer 
to recover the amount of his tax without proof that the assessors 
gave notice to the inhabitants to bring in their lists of taxable 
property. 68 Me. 351. 

No person is entitled to apply to the county commissioners 
for an abatement of his tax, unless, after due notice, he brought 
into the assessors a true and perfect list of his taxable estate, or 
makes it appear to the commissioners that he was unable to do 
so. 66 Me. 487. 

If any resident owner after such notice does not bring in such 
list, the assessors shall ascertain otherwise as nearly as may be, 
the nature, amount and value of the estate, real and personal, 
for which in their judgment he is liable to be taxed, and he is 
thereby barred of his right to make application to the assessors 
or the county commissioners for any abatement of his taxes, 
unless he offers such list with his application and satisfies them 
that he was unable to offer it at the time appointed. R. S. c. 9, 
§ 74 ; 37 Me. 562 ; 53 Me. 507 ; 57 Me. 280 ; 66 Me. 176, 387 ; 
68 Me. 353, 356; 76 Me. 461, 467; 81 Me. 310; 90 Me. 490; 
102 Me. 140. 

If a resident owner does not furnish the assessors such list, a 
writ of mandamus should not be issued to compel them to act 
upon an application for an abatement of a tax. 102 Me. 141. 

"A true and perfect list" of taxable estates comprises a true 
enumeration, description and specification only of property not 



THE ASSESSMENT OF TAXES. 181 

exempt from taxation; no appraisement or estimation of its 
value being essential. 76 Me. 460. 

An action may be maintained by a town against a tax-payer 
to recover the amount of his tax without proof that the assess- 
ors gave notice to the inhabitants of the town to bring in their 
lists of taxable property. 68 Me. 351. 

The assessors or either of them may require the person pre- 
senting such list to make oath to its truth, which oath either of 
them may administer, and either of them may require him to 
answer all proper inquiries in writing as to the nature, situation 
and value of his property liable to be taxed in the state, and a 
refusal or neglect to answer such inquiries and subscribe the 
same, bars an appeal to the county commissioners, but such list 
and answers shall not be conclusive upon the assessors. R. S. 
c. 9, § 75 ; 53 Me. 507 ; 57 Me. 278 ; 66 Me. 176 ; 67 Me. 436 ; 
76 Me. 467. 

If a person, who has, upon due notice, presented to the assess- 
ors true and perfect lists of his polls, and of his estates, real and 
personal, not exempt from taxation, etc., refuses to answer all 
proper inquiries in relation to the nature, situation and value of 
his property, and, if required, to subscribe and make oath to the 
same, he is thereby barred from applying to the county commis- 
sioners for any abatement of his taxes. 53 Me. 505. 

The assessors for the time being, on written application, stat- 
ing the grounds therefor, within two years from the assessment, 
may make such reasonable abatement as they think proper. If 
after two years from the date of assessment a collector is satis- 
fied that a poll tax or tax upon personal property, or any portion 
of said tax, committed to him or to any of his predecessors in 
office for collection, cannot be collected by reason of the death, 
absence, poverty, insolvency, bankruptcy, or other inability of 
the person assessed to pay, he shall notify the assessors thereof 
in writing under oath, stating the reason why such tax cannot 
be collected. The assessors, after due inquiry, may abate such 
tax or any part thereof, and shall certify such abatement in 
writing to the collector ; and said certificate shall discharge the 
collector from further obligation to collect the tax so abated. 
They shall keep in suitable book form, a record of such abate- 
ments, with the reasons for each, and report the same to the 
town at its annual meeting, and to the mayor and aldermen of 
cities, by the first Monday in each March. R. S. c. 9, § 76 ; 19 



182 THE ASSESSMENT OF TAXES. 

Me. 330; 33 Me. 446; 57 Me. 280; 67 Me. 435; 76 Me. 467; 
77 Me. 410; 102 Me. 140. 

A town at its annual meeting may authorize its assessors to 
abate not exceeding three dollars of the tax of any person, upon 
proof that he has owned and used on the ways during that year 
cart wheels having felloes not less than six inches wide. And 
they shall abate three dollars from the tax of any inhabitant, 
who shall construct, and during the year keep in repair a water- 
ing trough beside the highway, well supplied with water, the 
surface of which shall be two and a half feet or more above the 
level of the ground, and easily accessible for horses and car- 
riages, if the assessors think such watering trough for the public 
convenience. If more than one person in the same locality 
claims to furnish it, the municipal officers shall decide where it 
shall be located. R. S. c. 23, § 74 ; 57 Me. 539 ; 67 Me. 138. 

To justify an omission to present the lists required by section 
seventy-three of this chapter, the applicant for abatement must 
show that he was unable to offer it at the time appointed. 102 
Me. 141. 

An order drawn by the selectmen in favor of the collector for 
certain abatement of taxes, is not to be considered an abatement 
which is to enure to the benefit of those named in the order, 
they not being parties to the drawing of the same ; but is a 
mere order to the treasurer to release the collector in his settle- 
ment with him from accounting for the several sums specified in 
such order. 19 Me. 332. 

Form of Application to Assessors for Abatement of Taxes. 

To the assessors of the town of , in the county of . 

I, A. B., of said town of , respectfully represent that the valuation of 

my personal and real estate and assessment of taxes on the same, in said 
town, as taken and made by the assessors of said town, for the year 19 — , 

are as follows, viz.: Valuation of personal estate, dollars; real estate, 

dollars. Highway tax assessed against me on personal estate, dol- 
lars; on real estate, dollars. Money tax assessed against me on per- 
sonal estate, dollars; on real estate, dollars. I, the said A. B., 

hereby respectfully make application to you, the said assessors, for a just 
and proper abatement of the above taxes, for the following reasons, viz. : 
First, because on the first day of April, A. D. 19 — , I did not have, possess 

or own exceeding dollars, taxable personal estate, nor exceeding 

dollars, taxable real estate; that my personal and real estate are overrated; 
that I did, on said first day of April, present and exhibit on oath to the 
assessors of said , as by law required, a true and perfect list of my poll 



THE ASSESSMENT OF TAXES. 183 

and taxable estate, real and personal, of which I was possessed on said first 

day of April, 19 — . [If the list was not offered on the first day of April, assign 

reason and say] that I was unable on the said first day of April, 19 — , on 

account of my own sickness, or absence from the state (as the case may be) 

to be personally present to present and exhibit to said assessors for said 

year 19 — , on oath, a true and perfect list of my poll and estate, real and 

personal, not by law exempt from taxation. 

Dated at said , this day of , 19 — . 

A. B. 

Form of Application to County Commissioners for Abatement 
of Taxes. 

To the honorable count} 7 commissioners within and for the county of . 

Respectfully represents A. B., of , in said county, that his personal 

estate in the town of , aforesaid, was valued in the valuation taken by 

the assessors of said town for the assessment of taxes for the year 19 — , at 

the sum of dollars, and his real estate at the sum of dollars, and 

the assessors aforesaid, for said year, assessed your petitioner on account of 

said personal estate in the sum of dollars and cents, and on account 

of real estate in the sum of dollars and cents, in their assessment 

of money taxes for said year, and in their assessment of highway taxes for 
said year, assessed your petitioner on account of his personal estate in the 

sum of dollars and cents, and on account of real estate in the sum 

of dollars and cents. 

And your petitioner further represents that, in compliance with a notice 
duly posted by said assessors, he did, on the first day of April, in the same 
year, present and exhibit on oath to the said assessors, a true and perfect 
list of his poll and estate, real and personal, not by law exempted from 
taxation, which he was then possessed of, and said assessors disregarded 
said list in assessing his proportion of the taxes in said town for said year 
19 — . [If the list was not offered on the first day of April, say] that I was 
unable on the first day of April, 19 — , on account of my own sickness, or 
absence from the state (as the fact may be), to be present to present and 
exhibit to said assessors for said year 19 — , a true and perfect list of my poll 
and estate, real and personal, not by law exempt from taxation. 

And your petitioner further represents that on the first day of April, 

19 — , he did not have, own or possess exceeding dollars taxable real 

estate, as his said list as aforesaid exhibited will show and as in truth will 
appear. 

And your petitioner further represents, that believing that property 
should never be appraised above its actual value, and that no tax-payer 
should be overrated, he has requested the assessors of said town to abate 

said taxes, viz.: On the day of , 19 — , informing them that he was 

overrated and did not possess on the said first day of April, 19 — , exceeding 

dollars in value of personal estate, nor exceeding dollars in value 

of real estate, yet they refused to abate the said taxes or any part thereof. 



184 THE ASSESSMENT OF TAXES. 

Your petitioner, feeling himself aggrieved and wronged by said refusal 
and decision, appeals and applies to this honorable court, pursuant to the 
statute in such case made and provided. He therefore prays your honors, 
after due notice to the assessors of said town and hearing the evidence, and 
upon being satisfied that your petitioner was overrated in said assessments, 
to abate said taxes or such part thereof as justice requires, and cause him 
to be relieved and paid out of the treasury of said town the amount of such 
abatements, with incidental charges, in accordance with the provisions of 
said statute, and as in duty bound will ever pray. 

A. B. 

Dated at said , this day of , 19 — . 

They shall give to any person applying to them for an abate- 
ment of taxes, notice in writing of their decision upon such 
application within ten days after they take final action thereon. 
R. S. c. 9, § 77 ; 99 Me. 263; 102 Me. 140. 

If they refuse to make the abatement asked for, the applicant 
may apply to the county commissioners at their next meeting, 
and if they think that he is overrated, he shall be relieved by 
them, and be reimbursed out of the town treasury the amount of 
their abatement, with incidental charges. The commissioners 
may require the assessors or town clerk to produce the valua- 
tion, by which the assessment was made, or a copy of it. If the 
applicant fails, the commissioners shall allow costs to the town, 
taxed as in a suit in the supreme judicial court, and issue their 
warrant of distress for collection thereof against him, either 
party may appeal from the decision of said county commis- 
sioners, to the supreme judicial court, under the same conditions 
that an appeal lies from the assessors to the supreme judicial 
court. R. S. c. 9, § 78 ; 33 Me. 446 ; 57 Me. 280 ; 66 Me. 225 ; 
67 Me. 435; 76 Me. 467; 77 Me. 410; 99 Me. 263; 102 
Me. 140. 

"Overrated" means overrated with reference to the fair value 
of the property in question, and not, by comparison with the 
valuation placed upon some other specific piece of property in 
town. 99 Me. 263. 

If an appellant's property has been rated at no more than its 
true value, evidence tending to show merely a disproportionate 
valuation by comparison with the valuation placed upon other 
property is irrelevant. 99 Me. 263. 

The assessment is not vacated by an appeal. The assessment 
stands and the burden is upon the appellant to show that he is 
entitled to relief, by way of an abatement of the tax. 99 
Me. 263. 



THE ASSESSMENT OF TAXES. 185 

Any person entitled to make a complaint to the county com- 
missioners for an abatement of his taxes may, if he so elect, 
appeal under the same terms and conditions from the decision of 
the assessors to the supreme judicial court for the county in 
which the city or town, in which the property of such person is 
assessed, is situated. R. S. c. 9, § 79 ; 99 Me. 263 ; 102 Me. 
140, 401. 

All appeals to the supreme judicial court under the provisions 
of section seventy-nine of chapter nine of the revised statutes, 
may be referred by the court to the board of state assessors, who 
shall hear the parties and report their findings to the court 
together with a transcript of the evidence. Such report shall 
be prima facie evidence of the facts thereby found. P. L. of 
1909, c. 220, § 10. 

Such appeal shall be entered at the term first occurring not 
less than thirty days after the assessors shall have given to the 
appellant, notice in writing of their decision upon his application 
for such abatement, and notice thereon shall be ordered by said 
court in term time or by any justice thereof in vacation, and 
said appeal shall be tried, heard and determined by the court 
without a jury in the manner and with the rights provided by 
law in other civil cases so heard. R. S. c. 9, § 80 ; 102 Me. 401. 

If upon such trial it appears that the appellant has complied 
with all provisions of law he may be granted such abatement as 
said court may deem reasonable, under the same circumstances 
as an abatement may be granted by the county commissioners. 
If no abatement is granted, judgment shall be rendered in favor 
of the city or town, and for its costs, to be taxed by the court. 
If an abatement is granted, judgment shall be rendered in favor 
of the city or town for such amount, if any, as may be due, 
after deducting the abatement, and the court may make such 
order relating to the payment of costs as justice shall require. 
In either case execution shall issue. The lien created by statute 
on real estate to secure the payment of taxes shall be continued 
for thirty days after the rendition of judgment, and may be 
enforced by sale of said real estate on execution, in the same 
manner as attachable real estate may be sold under the pro- 
visions of section thirty-two, chapter seventy-eight, and with the 
same right of redemption. Claims for abatement on several 
parcels of real estate may be embraced in one appeal, but judg- 
ment shall be rendered, and execution shall issue, for the amount 
of taxes due on each several parcel. The final judgment of the 



186 THE ASSESSMENT OF TAXES. 

court shall be forthwith certified by the clerk to the assessors of 
the town or city where such tax was assessed, and such assessors 
shall in all cases carry into full effect the judgment of the appel- 
late court in the same manner as if made by themselves. If it 
shall be alleged in the application that the applicant has paid 
the taxes for which he has been assessed, and if the court shall 
so find, judgment for the amount of the abatement granted shall 
be rendered against the city or town, and execution therefor, and 
for such costs as may be awarded, shall issue as in civil actions. 
R. S. c. 9, § 81 ; 99 Me. 263 : 102 Me. 401. 

* * " * Such seizure and sale pass to the purchaser, all the 
right, title and interest that the execution debtor has in such 
real estate at the time of such seizure * * * subject to the 
debtor's right of redemption. * * * R. S. c. 78, § 32. 

Such appeal shall be tried at the term to which the notice is- 
returnable, unless delay shall be granted at the request of such 
city or town for good cause ; and said court shall, if requested 
by such city or town, advance the case upon the docket so that 
it may be tried and decided with as little delay as possible. 
Either party may file exceptions to the decisions and rulings of 
the court upon matters of law arising upon the trial, in the same 
manner and with the same effect as is allowed in the supreme 
judicial court in the trial of cases without a jury. R. S. c. 9, § 82. 

The court may in its discretion appoint a commissioner to 
hear the parties and to report to the court the facts, or the facts, 
with the evidence. Such reports shall be prima facie evidence 
of the facts thereby found. The fees of the commissioner shall 
be paid in the same manner as those of auditors appointed by 
the court. R. S. c. 9, § 83. 

The assessors shall assess upon the polls and estates in their 
town all town taxes and their due proportion of any state or 
county tax, according to the rules in the latest act for raising a 
state tax, and in this chapter; make perfect lists thereof under 
their hands ; and commit the same to the constable or collector 
of their town, if any, otherwise to the sheriff of the county or 
his deputy, with a warrant under their hands, in the form here- 
inafter prescribed. R. S. c. 9, § 84 ; 4 Me. 75; 51 Me. 599; 
52 Me. 589; 58 Me. 417, 532; 64 Me. 190; 71 Me. 182; 82 
Me. 194; 87 Me. 121; 93 Me. 178; 94 Me. 356. 

They may add their proportion of the state and county tax to 
any of their other taxes, and make one warrant and their certifi- 
cates accordingly. R. S. c. 9, § 85 ; 71 Me. 183; 93 Me. 178. 



THE ASSESSMENT OF TAXES. 187 

They may assess on the polls and estates such sum above the 
sum committed to> them to assess, not exceeding five per cent 
thereof, as a fractional division renders convenient, and certify 
that fact to their town treasurer. R. S. c. 9, § 86; 83 Me. 533 ; 
93 Me. 178. 

They shall make a record of their assessment and of the 
invoice and valuation from which it was made ; and before the 
taxes are committed to the officer for collection, they shall 
deposit it, or a copy of it, in the assessors' office, if any, other- 
wise with the town clerk, there to remain ; and any place, where 
the assessors usually meet to transact business and keep their 
papers or books, shall be considered their office. R. S. c. 9, 
§ 87 ; 58 Me. 529 ; 71 Me. 183 ; 87 Me. 122 ; 93 Me. 178 ; 94 
Me. 356 ; 102 Me. 414. 

When they have assessed any county tax and committed it to 
the officer for collection, they shall return to the county treasurer 
a certificate thereof with the name of such officer. When they 
have so assessed and committed a state tax, they shall return a 
like certificate to the treasurer of state ; and if this is not done, 
and any part of such tax remains unpaid for sixty days after the 
time fixed for its payment, the treasurer of state shall issue his 
warrant to the sheriff or his deputy to collect the sum unpaid of 
the inhabitants of the town or place. R. S. c. 9, § 88. 

If any town does not choose assessors, or if so many of them 
refuse to accept, that there are not such a number as the town 
voted to have, the selectmen shall be the assessors, and each of 
them shall be sworn as an assessor, and each selectman and 
assessor shall be paid for his services two dollars for every day 
necessarily and actually employed in the services of the town. 
Towns having three thousand or more inhabitants may vote to 
pay their selectmen a compensation not exceeding five dollars a 
day for time actually spent in the service of the town. R. S. c. 
9, § 89; 51 Me. 600 ; 55 Me. 503 ; 61 Me. 546 : 75 Me. 298 ; 
76 Me. 416 ; 78 Me. 569 ; 87 Me. 221. 

Any town neglecting to choose selectmen or assessors, forfeits 
to the state not exceeding three hundred, nor less than one hun- 
dred dollars, as the supreme judicial court orders. R. S. c. 9, 
§90. 

In such case, and when the selectmen and assessors chosen by 
a town do not accept the trust, the county commissioners may 
appoint three or more suitable persons in the county, to be 
assessors of taxes, and such assessors, being duly sworn, shall 



188 THE ASSESSMENT OF TAXES. 

assess upon the polls and estates in the town their due pro- 
portion of state and county taxes and said penalty, and not 
exceeding one dollar and fifty cents a day each, for their own 
reasonable charges for time and expense in said service ; and shall 
issue a warrant under their hands for collecting the same, and 
transmit a certificate thereof to the treasurer of state, with the 
name of the person to whom it is committed ; and the assessors 
shall be paid their charges as allowed by said commissioners out 
of the state treasury. R. S. c. 9, § 91. 

All assessors, chosen or appointed as above provided, shall 
observe all warrants, received by them while in office, from the 
treasurer of state, or the county commissioners of their county. 
R. S. c. 9, § 92. 

If assessors of a town refuse or neglect to assess any state tax 
apportioned on it, and required by the warrant of the treasurer 
of state to be assessed by them, they forfeit to the state the full 
sum mentioned in such warrant and such treasurer shall issue 
his warrant to the sheriff of the county to levy said sum by dis- 
tress and sale of their real and personal estate. R. S. c. 9, § 93. 

If such assessors neglect to assess the county tax required in 
the warrant of the county commissioners to be assessed by them, 
they forfeit that sum to the county ; and it shall be levied by 
sale of their real and personal estate, by virtue of a warrant 
issued by the county treasurer to the sheriff of the county for 
that purpose. R. S. c. 9, § 94. 

If the sheriff cannot find property of said assessors to satisfy 
the sum due on either of said warrants, he may arrest and 
imprison them, until they pay the same ; and the county com- 
missioners shall forthwith appoint other proper persons to be 
assessors of such state and county taxes, who shall be sworn, 
and perform the same duties, and be liable to the same penalties, 
as the former assessors. R. S. c. 9, § 95. 

If the inhabitants of a town of which a state tax is required, 
neglect for five months, after having received the warrant of the 
treasurer of state for assessing it, to choose assessors to assess it, 
and cause the assessment thereof to be certified to such treasurer 
for the time being, he shall issue his warrant, under his hand, to 
the sheriff of the same county, who shall proceed to levy such 
sums on the real and personal property of any inhabitants of 
such town, observing the regulations provided for satisfying 
warrants against deficient collectors, as hereinafter prescribed. 
But if the assessors thereof, within sixty days from the receipt 



THE ASSESSMENT OF TAXES. 189 

of a copy of such warrant from the officer, deliver to him a 
certificate, according to law, of the assessment of the taxes 
required by the warrant, and pay him his legal fees, he shall 
forthwith transmit the certificate to the treasurer of state, and 
return the warrant unsatisfied. R. S. c. 9, § 96. 

If the inhabitants of a town of which a county tax is required, 
neglect to choose and keep in office assessors to assess it, as the 
law requires, the county treasurer, for the time being, after five 
months from the time when they received the county commis- 
sioners' warrant for assessing it, shall issue his warrant to the 
sheriff, requiring him to levy and collect the sum mentioned 
therein ; and he shall execute it, observing the regulations and 
subject to the conditions provided in the preceding section. 
R. S. c. 9, § 97. 

If the voters of a town, of which a state or county tax is 
required, choose assessors who neglect to assess the tax required 
by the warrant issued to them, and to certify it as the law 
directs ; and if the estates of such assessors are insufficient to 
pay such taxes as are already provided, the treasurer of state, or 
of the county, as the case may be, for the time being, shall issue 
his warrant to the sheriff of such county, requiring him to levy, 
by distress and sale, such deficiency on the real and personal 
estates of such inhabitants ; and the sheriff or his deputy shall 
execute such warrants, observing all the provisions mentioned in 
section ninety-six. R. S. c. 9, § 98. 

Any assessor, chosen and notified to take the oath of office, 
unreasonably refusing to be sworn, forfeits to the town fifteen 
dollars, to be recovered by their treasurer in an action of debt ; 
and the selectmen shall forthwith call a town meeting to fill the 
vacancy. R. S. c. 9, § 99. 

All plantations required to pay any part of the public taxes, 
are vested with the same power as towns, so far as relates to the 
choice of clerk, assessors and collectors of taxes ; and any per- 
son, chosen assessor therein, and refusing to accept, or to take 
the legal oath, after due notice, is liable to the same penalty, to 
be recovered in the manner mentioned in the preceding section ; 
and the other assessors shall forthwith call a plantation meeting 
to fill the vacancy. R. S. c. 9, § 100 ; 65 Me. 346. 

Town clerks are to be sworn. R. S. c. 4, § 17. 
Every person notified of election to a town office and neg- 
lecting to qualify within seven days, "except officers for whose 



190 THE ASSESSMENT OF TAXES. 

neglect a different penalty is provided, forfeits five dollars, two- 
thirds to the town, one-third to the prosecutor." R. S. c. 4, 
§ 26. 

Process of organizing plantations by the county commissioners 
in cases where an enumeration, at five year intervals, discloses a 
population of two hundred or more in an unorganized place. 
Issue of warrant to a principal inhabitant commanding him to 
notify inhabitants to meet and organize. R. S. c. 4, § 114. 

Process of organizing plantations in unorganized places of any 
population, on application of three or more residents ; or on war- 
rant of the state treasurer or county commissioners, without such 
application, when a state or county tax is laid thereon. Pro- 
ceedings under the warrant are the same as under the warrant 
issued under the circumstances of section one hundred and four- 
teen above. R. S. c. 4, § 115. 

Laws relating to town meetings and town officers apply also 
to plantations and their officers except when specially otherwise 
provided. R. S. c. 4, § 1 20. 

Assessors of plantations have the duties of town selectmen. 
Treasurer, collectors and constables give the same bonds as cor- 
responding town officers. "The valuation of property for the 
assessment of taxes in plantations as well as the assessment, col- 
lection and disposal thereof, shall be the same as in towns." 
R. S. c. 4, § 121. 

Provisions as to the manner of taking the first assessment in 
plantations organized under warrant of county commissioners 
under section one hundred and fourteen above. R. S. c. 4, 
§122. 

If any such plantation neglects to choose a clerk, assessors 
and collector of taxes, or if the assessors chosen neglect their 
duty, it shall be subject to the same penalties and proceeded 
against in the same manner as towns deficient in the same 
respect. R. S. c. 9, § 101. 

The clerk, assessors and collectors, shall be sworn as similar 
officers chosen by a town, and shall receive the same compensa- 
tion, unless otherwise agreed. R. S. c. 9, § 102. 

When a state or county tax is laid on a place not incorporated 
or organized, the treasurer of state or county commissioners of 
that county may cause the same to be organized as provided in 
chapter four, sections one hundred and fourteen and one hun- 
dred and fifteen, for the organization of plantations ascertained 



THE ASSESSMENT OF TAXES. 191 

to contain two hundred inhabitants. If the inhabitant to whom 
the warrant is directed, fails to perform the duties required of 
him, he forfeits the sums due for state and county taxes, to be 
recovered by the treasurer to whom the tax is payable. R. S. c. 
9, § 103. 

The assessors shall thereupon take a list of the ratable polls, 
and a valuation of the estates of the inhabitants of the planta- 
tion, and proceed to assess taxes and cause the same to be col- 
lected as required by law. R. S. c. 9, § 104. 

All laws applicable to organized plantations apply to planta- 
tions organized under section one hundred and three. R. S. c. 
9, § 105. 

Plantation officers neglecting to be sworn when notified, are 
liable to the same penalties as town officers so neglecting, to be 
recovered in the same manner. R. S. c. 9, § 106. 



CHAPTER XXXII. 



THE COLLECTION OF TAXES. 

Towns, at their annual meetings, may determine when the lists 
named in section eighty-four of chapter nine shall be committed, 
and when their taxes shall be payable, and that interest shall be 
collected thereafter. R. S. c. 10, § 1 ; 71 Me. 182 ; 77 Me. 431 ; 
82 Me. 194. 

The rate of such interest, not exceeding one per cent a month, 
.shall be specified in the vote, and shall be added to, and become 
part of the taxes. R. S. c. 10, § 2. 

Cities must determine at the time when the money is raised, 
and not afterwards when their taxes shall become payable and 
what rate of interest thereafter shall accrue. 82 Me. 188. 

A compulsatory collection of interest cannot be justified with- 
out a definite and distinct vote fixing the time when the taxes 
are payable. A vote declaring that interest shall be collected 
after a certain time named, is not sufficient. Interest may, and 
generally does, commence to run before the principal is payable ; 
and a vote declaring when interest shall commence, is by no 



192 THE COLLECTION OF TAXES. 

means equivalent to a vote fixing a time when the principal 
shall be payable. 77 Me. 431. 

All state taxes hereafter assessed shall be collected by the col- 
lectors or constables of the several towns and paid by them to 
the treasurers of their respective towns as other taxes are paid. 
Said treasurers shall pay such taxes to the treasurer of state, 
R. S. c. 10, § 3. 

On or before the first day of September in each year, the 
treasurer of state shall issue his warrant to the treasurer of each 
town therein requiring him to transmit and pay said town's pro- 
portion of the state tax for the year nineteen hundred and , 
to , treasurer of state, or to his successor in office, on or 
before the time at which they are required to pay such tax. 
R. S. c. 10, § 4. 

When the time for the payment of a state tax to the treasurer 
of state has expired, and it is unpaid, the treasurer of state shall 
give notice thereof to the municipal officers of any delinquent 
town, and unless such tax shall be paid within sixty days, the 
treasurer of state may issue his warrant to the sheriff of the 
county, requiring him to levy, by distress and sale, upon the real 
and personal property of any of the inhabitants of the town ; and 
the sheriff or his deputy shall execute such warrants, observing 
the regulations provided for satisfying warrants against deficient 
collectors prescribed by this chapter. R. S. c. 10, § 5. 

All county taxes hereafter assessed shall be collected by the 
collectors or constables of the several towns and paid by them 
to the treasurers of their respective towns as other taxes are 
paid. Said treasurers shall pay such taxes to the county treas- 
urers of their respective counties. R. S. c. 10, § 6. 

On or before the first day of September of each year, the 
county treasurer shall issue his warrants to the treasurers of the 
several towns in his county, requiring them to transmit and pay 
their town's proportion of the county tax for the year nineteen 
hundred and , to , county treasurer, or his suc- 

cessor in office, on or before the time fixed by law for said pay- 
ment. And if said town treasurer fails to pay such county tax 
for forty days after the time fixed therefor, said county treas- 
urer shall issue his warrant directed to the sheriff of the county, 
requiring him to levy it, by distress and sale, on real and per- 
sonal property of any of the inhabitants of the town. And the 
sheriff or his deputy shall execute such warrants, observing all 



THE COLLECTION OF TAXES. 193 

the provisions mentioned in section ninety-six of chapter nine. 
R. S. c. 10, § 7. 

The warrant to be issued by selectmen or assessors for collec- 
tion of state taxes shall be in substance as follows: 



A. B., constable or collector of the town of , within the county 

of : 

greeting: 

In the name of the State of Maine, you are hereby required to levy and 
collect of each of the several persons named in the list herewith committed 
unto you, his respective proportion therein set down, of the sum total of 
such list, it being said town's proportion of the state tax for the year 19 — ; 

and to transmit and pay the same to , the treasurer of your town, or to 

his successor in office, and to complete and make an account of your collec- 
tions of the whole sum on or before the day of next. And if any 

person refuses or neglects to pay the sum which he is assessed in said list, 
you shall distrain his goods or chattels to the value thereof, and keep the 
distress so taken for four days at the cost and charge of the owner; and if 
he does not pay the sum so assessed within said four days, then you shall 
sell at public vendue such distress for payment thereof with charges; first 
giving forty-eight hours 1 notice thereof by posting advertisements in some 
public place in the town or plantation, as the case may be ; and the over- 
plus arising by such sale, if any, beyond the sum assessed and the necessary 
charges of taking and keeping the distress, you shall immediately restore 
to the owner; and for want for twelve days, of goods and chattels, whereon 
to make distress, except implements, tools and articles of furniture exempt 
from attachment for debt, you shall take the body of such person so refus- 
ing or neglecting, and him commit to the jail of the county, there to remain 
until he pays the same, or such part thereof, as is not abated by the 
assessors for the time being, or the county commissioners for said county. 

Given under our hands, by virtue of a warrant from the treasurer afore- 
said, this day of 19 — . 



Assessors. 



And a certificate of the assessment of any state tax shall be in 
substance as follows : 

Pursuant to a warrant from the treasurer of the State of Maine dated the 

day of , 19 — , we have assessed the polls and estates of the of 

, the sum of dollars and cents, and have committed lists 

thereof to the of said , viz. : to , with warrants in due form of 

law for collecting and paying the same to , town treasurer of , or 

his successor in office, on or before the day of , next ensuing. 

13 



194 THE COLLECTION OF TAXES. 

In witness whereof, we have hereunto set our hands at this day 

of 19—. 

, > Assessors. 

? j 

No error or informality in the warrant so far as it relates to 
the description of the officer to whom any tax is to be paid by 
the collector shall render the same invalid, or relieve the col- 
lector from the duty of complying with the provisions of the 
statute in that behalf, or from liability on account of failure so 
to do. R. S. c. 10, § 8 ; 3 Me. 301 ; 4 Me. 75 ; 20 Me. 202 ; 40 
Me. 528; 41 Me. 538; 55 Me. 503; 57 Me. 61; 61 Me. 552; 
65 Me. 24; 68 Me. 161; 71 Me. 182; 73 Me. 126, 181; 74 
Me. 410 ; 79 Me. 189. 

An illegal provision in a warrant, separable from its other 
provisions, will not vitiate the instrument, nor become material, 
unless the direction is acted upon. No objection can be raised 
thereto by the person against whom there is no attempt to 
enforce it. 79 Me. 189. 

The warrant for collection of county or town taxes, shall be 
made by the assessors in the same tenor, with proper changes. 
R. S. c. 10, § 9; 71 Me. 183; 73 Me. 126 ; 74 Me. 410. 

When an original warrant issued by assessors and delivered 
to a constable or collector for collection of a tax, has been lost or 
destroyed by accident, the assessors may issue a new warrant for 
that purpose, which shall have the same force as the original. 
R. S. c. 10, § 10; 79 Me. 188. 

When towns choose collectors, they may agree what sum shall 
be allowed for performance of their duties. R. S. c. 10, §11. 

In case of distress or commitment for non-payment of taxes, 
the officer shall have the same fees which sheriffs have for levy- 
ing executions, except that travel, in case of distress, shall be 
computed only from the dwelling-house of the officer to the 
place where it is made. R. S. c. 10, § 12. 

Every collector or constable, required to collect taxes, shall 
receive a warrant from the selectmen or assessors of the kind 
hereinbefore mentioned, and shall faithfully obey its directions. 
R. S. c 10, § 13; 1 Me. 250; 3 Me. 301; 4 Me. 75; 8 Me. 
341; 15 Me. 28, 29; 20 Me. 202; 31 Me. 281; 41 Me. 538 ; 
44 Me. 50 ; 47 Me. 518 ; 50 Me. 40, 351 ; 53 Me. 254 ; 55 Me. 
501 ; 57 Me. 62 ; 61 Me. 555 ; 64 Me. 403 ; 68 Me. 161, 162; 
69 Me. 334, 369 ; 73 Me. 181. 



THE COLLECTION OF TAXES. 195 

The assessors shall require such constable or collector to give 
bond for the faithful discharge of his duty, to the inhabitants of 
the town, in such sum, and with such sureties, as the municipal 
officers approve ; and bonds of collectors of plantations shall be 
given to the inhabitants thereof, approved by the assessors, with 
like conditions. R. S. c. 10, § 14. 

The refusal to give bond, as required by the foregoing section, 
is a non-acceptance of the office. 1 Me. 250. 

The penalty annexed by law to the refusal to accept the town 
office, does not extend to a collector of taxes. 1 Me. 248. 

An agreement between a town and one of its inhabitants that 
he should collect the taxes for a fixed compensation, on being 
chosen sole collector and constable, performed on the part of the 
town, is a legal contract and binding on the collector. 15 
Me. 28. 

Where a town chooses one of its inhabitants collector of taxes, 
on his agreeing to make the collection for a certain person, he is 
bound to collect for that compensation not only the amount 
raised at the meeting where he was chosen, but all taxes where 
the money was raised and the bills committed to him during the 
year. 15 Me. 28. 

Collectors and constables can only be chosen by a major vote 
of the votes cast at the annual town meeting. If after the 
choice of the collector there is a vacancy the municipal officers 
may fill such in the manner prescribed by statute. To consti- 
tute an election to such offices, it is essential that the person 
claiming to be chosen should be presented distinctly before the 
meeting. Where the town voted that whoever should make the 
lowest bid for collecting the taxes, should be constable, such vote 
will not authorize the person making such bid to perform the 
duties of that office. 39 Me. 530. 

A warrant which in terms gives no authority to distrain or 
commit is defective and a collector cannot be regarded as in 
fault for not collecting taxes committed to him for collection by 
such a warrant, and no recovery can be had upon his bond for 
failure to do so. 41 Me. 537. 

Defects in a warrant or tax list may be a good reason for not 
executing the warrant, but a collector having collected money 
without objection by the tax-payers is liable to account therefor. 
44 Me. 49; 73 Me. 177. 



196 THE COLLECTION OF TAXES. 

Where the same person was collector of taxes in a town for 



several successive years, and failed to pay over or account for a 
portion of the taxes committed to him the first year, moneys col- 
lected and paid over by him, arising from the taxes committed 
in the subsequent years, cannot be appropriated to make up the 
deficiency of the first year, so as to affect the relative rights and 
liabilities of the sureties on his several bonds, without their con- 
sent. 47 Me. 515. 

Where the same person was collector of taxes in a town for 
several successive years, and paid to the treasurer certain money 
collected mostly from assessments of eighteen hundred and sixty- 
nine, and the treasurer credited it upon the collector's liability 
for taxes collected upon the assessment for eighteen hundred 
and sixty-eight, although the collector intended to have it applied 
upon the collections of eighteen hundred and sixty-nine he 
expressed no intention about it and made no appropriation what- 
ever nor undertook to make any, and the treasurer did make an 
appropriation upon the liability of the longest standing, it was 
ITeld, that the collector could not later require the money to be 
appropriated upon the collections for eighteen hundred and 
sixty-nine. 61 Me. 557. 

The giving of the statutory bond by a collector is not a condi- 
tion precedent to the collector's assuming his official duties. 53 
Me. 252. 

Generally the term "bond" implies an instrument under seal. 
The official bond required of a collector of taxes must be a 
sealed instrument. The words "witness our hands and seals," 
when no seal is attached, will not make the instrument, though 
otherwise in proper form, a bond. An instrument, in form a 
bond, but containing no seal, voluntarily executed and delivered 
in lieu of a bond and accepted therefor, is valid. Its accept- 
ance is a sufficient consideration to cover all official delinquencies 
in not paying over money actually collected after such accept- 
tance. Assumpit, instead of debt, will lie. 68 Me. 160. 

An action upon a collector's bond cannot be maintained by 
merely showing his failure to account and the commitment to 
him of the tax lists and warrant, if the latter directs an exemp- 
tion from distress of property not exempt by statute. The plaint- 
iffs must go further, in such case, and prove an actual reception 
of money for taxes by the collector, and not accounted for by 
him, or they will fail in their action. 64 Me. 403 ; 69 Me. 333. 

The collector's and treasurer's degree of responsibility is simply 
that which the common law imposed upon him as bailee for hire ; 



THE COLLECTION OF TAXES. 197 

the statutes of this state did not extend or enlarge it ; his official 
bond does not increase his responsibility, but simply affords 
security for the performance of his legal obligations ; if, without 
fault or negligence on his part, he is violently robbed of money 
belonging to the county, it is a valid defence, pro tanto, to an 
action upon his official bond ; the burden of proving such a 
defence is upon him. 69 Me. 375. 

Such bond shall, after its approval and acceptance, be recorded 
by the clerk, in the town or plantation records, and such record 
shall be prima facie evidence of the contents of such bond, but a 
failure to so record. shall be no defense in any action upon such 
bond. R. S. c. 10, § 15. 

When a tax is paid to a collector or constable, he shall give a 
receipt therefor on demand ; and if he neglects or refuses so to 
do, he forfeits five dollars to the aggrieved party, to be recovered 
in an action of debt. R. S. c. 10, § 16. 

All plantations, required to pay any portion of the public 
taxes, have all the powers of towns so far as relates to the choice 
of constables and collectors and the requiring bonds from them. 
R. S. c. 10, § 17. 

If a person refuses to pay any part of the tax assessed against 
him in accordance with this chapter, the person whose duty it is 
to collect the same, may distrain him by any of his goods and 
chattels not exempt, for the whole or any part of his tax, and 
may keep such distress for four days at the expense of the 
owner, and if he does not pay his tax within that time, the dis- 
tress shall be openly sold at vendue by the officer for its pay- 
ment. Notice of such sale shall be posted in some public place 
in the town, at least forty-eight hours before the expiration of 
said four days. R. S. c. 10, § 18; 40 Me. 528; 49 Me. 357; 
61 Me. 402; 62 Me. 462; 65 Me. 24; 75 Me. 391, 394. 

A collector of taxes legally qualified, acting within the scope 
of his powers, under a warrant from competent authority, may 
justify thereby the seizure and sale of the property of such 
delinquents as refuse to pay the taxes assessed against them. 
His justification will not fail by reason of any errors in the 
assessment or in the proceedings of the town, at the meeting at 
which he was chosen. And the return of his doings, upon the 
warrant, is prima facie evidence of the facts therein stated. 
40 Me. 526. 

If a collector of taxes keeps property, which he has seized on 
his warrant, beyond the time within which it could be legally 



198 THE COLLECTION OF TAXES. 

sold, he thereby becomes a trespasser ab initio ; and the owners 
may replevy it. 49 Me. 356. 

The collector has no authority to sell any additional articles 
after enough have been sold to pay the tax committed to him 
and the expense of the sale. If he does so he does not become 
a trespasser ah initio as to any article seized except such as he 
has sold in excess of his authority. His warrant protects him 
so far as he has not exceeded or abused its authority. 61 Me. 
400. 

Inasmuch as a collector's warrant protects him against all 
illegalities but his own, proof of errors in the assessment of a 
tax cannot be considered in a suit against one entrusted with its 
collection. 62 Me. 459. 

A collector is not bound to keep or sell distrained property 
within the limits of the town in which it is first seized by him. 
62 Me. 459. 

It is no objection to the legality of the collector's proceedings 
that one of the four days during which he kept the distress was 
Sunday. 62 Me. 459. 

The officer, after deducting the tax and expense of sale, shall 
restore the balance to the former owner, with a written account 
of the sale and charges. R. S. c. 10, § 19 ; 17 Me. 102; 32 Me. 
558, 560 ; 59 Me. 297. 

The return of the collector of taxes upon his warrant, of his 
proceedings on the distraining and sale of chattels for the pay- 
ment of taxes, is prima facie evidence of his having tendered to 
the former owner the overplus arising from such sale beyond 
the amount of the tax and charges. 17 Me. 100. 

If the collector receives a surplus of money upon the sale of 
property for a tax and omits to render to the owner a written 
account of the sale and charges, he is a trespasser ah initio. 32 
Me. 557. 

A collector is liable in trespass, if he sell upon his warrant a 
greater number of the chattels than sufficient to pay the tax, 
with the fees and charges. 32 Me. 559. 

A collector who, after selling a distress, fails to restore the 
balance to the former owner, after deducting the unpaid taxes 
and legal expenses of sale, is a trespasser ah initio. 59 Me. 296. 

If a person so assessed, for twelve days after demand, refuses 
or neglects to pay his tax and to show the constable or collector 
sufficient goods and chattels to pay it, such officer may arrest 



THE COLLECTION OF TAXES. 199 

and commit him to jail, until he pays it, or is discharged by law. 
R. S. c. 10, § 20; 19 Me. 328; 47 Me. 172; 49 Me 430 ; 61 
Me. 556 ; 71 Me. 406. 

If the assessors think that there are just grounds to fear that 
any person so assessed may abscond before the end of said twelve 
days, the constable or collector may demand immediate payment, 
and on refusal, he may commit him as aforesaid. R. S. c. 10, 
§21. 

When a tax is made payable by instalments, and any person, 
who was an inhabitant of the town at the time of making such 
tax, and assessed therein, is about to remove therefrom before 
the time fixed for any payment, the collector or constable may 
demand and levy the whole tax, though the time for collecting 
any instalment has not arrived ; and in default of payment he 
may distrain for it, or take the course provided in section 
twenty. R. S. c. 10, § 22. 

When new constables or collectors are chosen and sworn 
before the former officers have perfected their collections, the 
latter shall complete the same, as if others had not been chosen 
and sworn. R. S. c. 10, § 23; 47 Me. 172; 53 Me. 256. 

For non-payment of taxes, the collector or constable may dis- 
train the shares owned by the delinquent in the stock of any 
corporation ; and the same proceedings shall be had as when like 
property is seized and sold on execution. R. S. c. 10, § 24. 

The proper officer of such corporation, on request of such 
constable or collector, shall give him a certificate of the shares 
or interest owned by the delinquent therein, and issue to the pur- 
chaser certificates of such shares according to the by-laws of 
the corporation. R. S. c. 10, § 25. 

When a person taxed in a town in which he was living at the 
time of assessment, removes therefrom before paying his tax, 
such constable or collector may demand it of him in any part of 
the state, and, if he refuses to pay, may distrain him by his 
goods, and for want thereof may commit him to the jail of the 
county where he is found, to remain until his tax is paid ; and 
he shall have the same power to distrain property and arrest the 
body in any part of the state, as in the place where the tax is 
assessed. R. S. c. 10, § 26. 

Any collector of taxes, or his executor or administrator, may, 
after demand for payment, sue in his own name for any tax, in 
an action of debt, and no trial justice or judge of any municipal 



200 THE COLLECTION OF TAXES. 

or police court before whom such suit is brought, is incompetent 
to try the same by reason of his residence in the town assessing 
said tax. Where before suit the person taxed dies or removes 
to any other town, parish or place in the state, or, being an 
unmarried woman, marries, the aforesaid demand is not requisite, 
but the plaintiff shall recover no costs unless payment was 
demanded before suit. R. S. c. 10, § 27. 

The lien on real estate created by section three of chapter 
nine may be enforced in the following manner, provided, however, 
that in the inventory and valuation upon which the assessment 
is made, there shall be a description of the real estate taxed, 
sufficiently accurate to identify it. Any officer to whom a tax 
has been committed for collection, except a collector appointed 
under section ninety, may, after the expiration of eight months 
from the date of commitment to him of said tax, give to the per- 
son against whom said tax is assessed, or leave at his last and 
usual place of abode, if then a resident of the town where said 
real estate lies, a notice in writing signed by said officer, stating 
the amount of such tax, describing the real estate on which the 
tax is assessed, and demanding the payment of such tax within 
ten days after service of such notice. After the expiration of 
said ten days, in case of a resident, and in all cases within one 
year after the date of commitment to him of said tax, such 
officer may bring an action of debt for the collection of said tax, 
in his own name, in the county where the land lies, against the 
person against whom said tax is assessed. Such action shall be 
begun by writ of attachment commanding the officer serving it 
to specially attach the real estate upon which the lien is claimed, 
which shall be served as other writs of attachment to enforce 
liens on real estate. The declaration in such action shall con- 
tain a statement of such tax, a description of the real estate 
contained in said notice, and an allegation that a lien is claimed 
on said real estate to secure the payment of the tax. If no serv- 
ice is made upon the defendant, or if it shall appear that other 
persons are interested in such real estate, the court shall order 
such further notice of said action as appears proper, and shall 
allow such other persons to become parties thereto. If it shall 
appear upon trial of said action that such tax was legally 
assessed on said real estate, and is unpaid, and that there is an 
existing lien on said real estate for the payment of such tax, 
judgment shall be rendered for such tax, interest and costs of 
suit against the defendants and against the real estate attached, 
and execution issued thereon to be enforced by sale of such real 



THE COLLECTION OF TAXES. 201 

estate in the manner provided for a sale on execution of real 
estate attached on original writs. Provided, however, that when 
the officer sells the real estate on such execution he shall sell 
the least undivided fractional part thereof that any person bid- 
ding will take, and pay the amount due on the execution with 
all necessary charges of sale ; and he shall convey by his deed to 
the purchaser such part so sold to him, subject to redemption 
-according to law, and the deed shall be construed to convey the 
right of entry and seizin in such part in common and undivided 
of such property assessed. In all actions brought in the supreme 
judicial and superior courts under the provisions of this section 
or of sections ninety-three or ninety-five, full costs shall be 
recovered notwithstanding the amount of the judgment be 
twenty dollars or less. Any person interested in said real estate 
may redeem the same at any time within one year after the sale 
of the same by the officer on such execution, by paying the 
amount of such judgment and all costs on such execution with 
interest at the rate of ten per cent a year. This section shall 
not affect any other provision of law for the enforcement and 
collection of taxes upon real estate. R. S. c. 10, § 28; 50 Me. 
377 ; 61 Me. 546 ; 77 Me. 55, 410 ; 82 Me. 156 ; 83 Me. 532 ; 
«6 Me. 365; 89 Me. 578; 89 Me. 337, 384. 

At the trial of any action for the collection of taxes, or of any 
action at law or in equity involving the validity of any sale of 
real estate for non-payment of taxes, if it shall appear that the 
tax in question was lawfully assessed, the court may permit the 
collector or other officer to amend his record, return or deed in 
accordance with the fact, when circumstantial errors or defects 
-appear therein ; provided, that the rights of third parties are not 
injuriously affected thereby. And if a deed be so amended, and 
the amended deed be thereupon recorded, it shall have the same 
effect as if it had been originally made in its amended form. 
R. S. c. 10, § 29. 

In all suits to collect a tax on real estate, if it appears that at 
the date of the list on which such tax was made, the record title 
to the real estate listed was in the defendant, he shall not deny 
his title thereto ; provided, hotvever, if any owner of real estate 
who has conveyed the same, shall forthwith file a copy of the 
description as given in his deed, with the date thereof and the 
name and residence of his grantee, in the registry of deeds where 
■such deed should be recorded, he shall be free from any liability 
under this section. R. S. c. 10, § 30. 



202 THE COLLECTION OF TAXES. 

If money not raised for a legal object, is assessed, with other 
moneys legally raised, the assessment is not void ; nor shall any 
error, mistake, or omission by the assessors, collector or treasurer, 
render it void ; but any person paying such tax, may bring his 
action against the town in the supreme judicial court for the 
same county, and shall recover the sum not raised for a legal 
object, with twenty-five per cent interest and costs, and any 
damages which he has sustained by reason of the mistakes, errors 
or omissions of such officers. R. S. c. 10, § 31 ; 5 Me. 403 ; 15 
Me. 262; 27 Me. 147; 30 Me. 411; 48 Me. 444; 51 Me. 376; 
58 Me. 532; 59 Me. 493 ; 65 Me. 23; 68 Me. 356, 357; 69 
Me. 65; 71 Me. 184; 77 Me. 415; 78 Me. 276, 282; 82 Me. 
156 ; 90 Me. 245, 494 ; 92 Me. 529 ; 94 Me. 358, 495. 

When the owner of improved lands lying in this state, but 
not in the town where the estate lies, is taxed, and neglects for 
six months after the lists of assessment are committed to an 
officer for collection, to pay his tax, such officer ma}^ distrain 
him by his goods and chattels, and for want thereof may commit 
him to jail in the county where he is found. R. S. c. 10, § 32: 
25 Me. 362; 47 Me. 172 ; 74 Me. 284. 

When the owner or possessor of goods, wares and merchandise, 
logs, timber, boards and other lumber, stock in trade, including 
stock employed in the business of any of the mechanic arts, 
horses, mules, neat cattle, sheep or swine, resides in any other 
town than the one in which such personal property is kept and 
taxed, the constable or collector having a tax on any such prop- 
erty for collection, may demand it of such owner or possessor in 
any part of the state, and on his refusal to pay, may distrain 
him by his goods, and for want thereof, may commit him to jail 
in the county where he is found, until he pays it, or is discharged 
by law. R. S. c. 10, § 33. 

Any collector impeded in collecting taxes, in the execution of 
his office, may require proper persons to assist him in any town 
where it is necessary, and any person refusing when so required, 
shall, on complaint, pay not exceeding six dollars at the dis- 
cretion of the justice before whom the conviction is had, if it 
appears that such aid was necessary ; and on default of payment, 
the justice may commit him to jail for forty-eight hours. R. S. 
c. 10, § 34. 

Every collector of taxes shall once in two months at least 
exhibit to the municipal officers, pr where there are none, to the 
assessors of his town, a just and true account of all moneys 



THE COLLECTION OF TAXES. 208 

received on taxes committed to him, and produce the treasurer's 
receipts for money by him paid ; and for neglect, he forfeits to 
the town two and a half per cent on the sums committed to him 
to collect. R. S. c, 10, § 35 ; 68 Me. 163 ; 84 Me. 432. 

The certificate above referred to must be signed by the assess- 
ors. The healing provisions of revised statutes, chapter three, 
section ten, and chapter six, section one hundred and forty-two 
relating to errors and omissions, are not applicable until a tax 
list is first shown to be in existence, under the hands of the 
assessors. 94 Me. 355. 

The "omission" does not mean that an erroneous judgment of 
the value of an estate taxed can be corrected by a supplemental 
assessment. When the inventory of the estate was returned to 
the probate court, the assessors attempted, by the supplemental 
assessment, to revise and correct their estimate of the value of 
the personal estate, which they had once estimated and assessed. 
They had not "omitted" any item of personal property in April, 
but had doomed the personal estate in the aggregate. Finding 
subsequently that the aggregate personal property was more 
than their estimate, they sought to make a new valuation. No 
element of omission by mistake existed ; no poll or estate was 
omitted. The personal estate, in the aggregate, was assessed 
and taxed in April ; it was not omitted by mistake or otherwise. 
The judgment of the assessors was not accurate. If their doom 
of value had proved to be in excess of the value of the personal, 
the estate could not be relieved on that account. The omission 
contemplated by the statute is of some specific item. It is 
omission, and not erroneous judgment, that the statute provides 
for. The omission may be supplied by the supplemental assess- 
ment ; the erroneous judgment cannot be corrected in that way. 
90 Me. 492. 

When a collector having taxes committed to him to collect, 
has removed ; or in the judgment of the municipal officers, 
assessors, or treasurer of a town, or committee or treasurer of a 
parish, is about to remove from the state before the time set in 
his warrant to make payment to such treasurer ; or when the 
time has elapsed, and the treasurer has issued his warrant of dis- 
tress ; in either case, said officers or committee, may call a meet- 
ing of such town or parish, to appoint a committee to settle with 
him for the money that he has received on his tax bills, to 
demand and receive of him such bills, and to discharge him 
therefrom ; said meeting may elect another constable or collector, 



204 THE COLLECTION OF TAXES. 

and the assessors shall make a new warrant and deliver it to him 
with said bills, to collect the sums due thereon, and he shall 
have the same power in their collection as the original collector. 
R. S. c. 10, § 36 ; 57 Me. 62 ; 62 Me. 461 ; 82 Me. 45. 

If such collector or constable refuses to deliver the bills of 
assessment, and to pay all moneys in his hands collected by him, 
when duly demanded, he forfeits two hundred dollars to the 
town or parish, as the case may be, and is liable to pay what 
remains due on said bills of assessment. R. S. c. 10, § 37 ; 57 
Me. 62. 

When a constable or collector of taxes dies, becomes insane, 
has a guardian, or by bodily infirmities is incapable of perform- 
ing the duties of his office before completing the collection, the 
municipal officers may demand and receive the tax bills of any 
person in possession thereof, and deliver them to the new col- 
lector. R. S. c. 10, § 38 ; 62 Me. 461 ; 75 Me. 248 ; 82 Me. 45 ; 
87 Me. 222. 

The warrant to be issued by the assessors for the completion 
of the collection of taxes under the provisions of sections thirty- 
six and thirty-eight shall be in substance as follows : 



A. B., constable or collector of the town of within the county 

of : 

In the name of the State of Maine, you are hereby required to levy and 
collect of each of the several persons named in the list herewith committed 
unto you, his respective proportion therein set down, of the sum total of 

such list, amounting in the aggregate to dollars and cents, it being 

the unpaid portion of the taxes assessed in the town of for the year 

, for state, county and town purposes, and to pay the same to , 

treasurer of said town of or to his successor in office, and to complete 

and make an account of your collections of the whole sum on or before the 

day of next. And if any person refuses or neglects to pay the sum 

which he is assessed in said list, you will distrain his goods or chattels, to 
the value thereof. And in making such distress, and for want of goods and 
chattels, whereon to make distress, except such as are exempt by the pro- 
visions of section eight of chapter ten of the revised statutes, you will in 
all matters proceed as prescribed in section eight of chapter ten of the 
revised statutes as fully as if the same were herein set forth. 

Given under our hands, by virtue of the law in such cases provided, this 
day of in the year of our Lord 19 — . 



Assessors. 

R. S. c. 10, § 39. 



THE COLLECTION OF TAXES. 205 

When it appears that such insane or disqualified constable or 
collector had paid to the treasurer a larger sum than he had 
collected from the persons in his list, the assessors in their war- 
rant to such new constable or collector, shall direct him to pay 
such sum to the guardian of such insane, or to such disqualified 
constable or collector. R. S. c. 10, § 40. 

The treasurer of state shall issue a warrant of distress, signed 
by him, against any constable or collector to whom a tax has 
been committed for collection, who is negligent in paying into 
the public treasury the money required within the time limited 
by law ; and shall direct it to the sheriff of the county in which 
such negligent officer lives, or to his deputy, returnable in sixty 
days from its date, to cause the sum due to be levied, with inter- 
est from the day fixed for payment, and fifty cents for the 
warrant, by distress and sale of such deficient officer's real or 
personal estate, returning any overplus that there may be, and 
for want thereof, to commit him to jail until he pays it ; and the 
sheriff shall obey such warrant. Warrants not satisfied may be 
renewed for the amount unpaid, and shall be of like validity and 
executed in like manner. R. S. c. 10, §41; 19 Me. 374; 69 
Me. 458 ; 74 Me. 410 ; 82 Me. 45. 

When the time for collecting a state tax has expired, and it is 
unpaid, the treasurer of state shall, at the request of the munici- 
pal officers of any town, issue his execution against the collector 
thereof. R. S. c. 10, § 42; 82 Me. 45. 

If a collector of any town fails to pay the county tax for fort} r 
days after the time fixed therefor, the county treasurer shall 
issue his warrant against him in due form of law, returnable in 
three months from its date, directed to the sheriff or his deputy, 
requiring him to collect the tax, with six per cent interest 
thereon from the time it was payable, fifty cents for the warrant, 
and his own legal fees. R. S. c. 10, § 43. 

If a deficient constable or collector has no estate which can be 
distrained, and his person cannot be found within three months 
after a warrant of distress issues from the treasurer of state, or, 
if being committed to jail, he does not within three months sat- 
isfy it, his town shall, within three months more, pay to the state 
the sums due from him. R. S. c. 10, § 44 ; 69 Me. 458. 

The assessors having written notice from such treasurer of the 
failure of their constable or collector, shall forthwith, without 
any further warrant, assess the sum so due upon the inhabitants 
of their town as the sum so committed was assessed, and commit 



206 THE COLLECTION OF TAXES. 

it to another constable or collector for collection ; and if they 
neglect, the treasurer of state shall issue his warrant against 
them for the whole sum due from such constable or collector, 
which shall be executed by the sheriff or his deputy, as other 
warrants issued by such treasurer. If after such second assess- 
ment, the tax is not paid to the treasurer within three months 
from the date of its commitment, the treasurer may issue his 
warrant to the sheriff of the county requiring him to levy it on 
real and personal property of any inhabitants of the town, as 
hereinbefore provided. R. S. c. 10 § 45; 69 Me. 458. 

Such deficient collector or constable shall at all times be 
answerable to such inhabitants for all sums which they have 
been obliged to pay by means of his deficiency, and for all con- 
sequent damages. R.S. c. 10, § 46 ; 57 Me. 62 ; 69 Me. 457. 

If a collector or constable of a town or parish dies without 
settling his accounts of taxes committed to him to collect, his 
executor or administrator, within two months after his accept- 
ance of the trust, shall settle with such assessors for what was 
received by the deceased in his lifetime ; with the amount so 
received, such executor or administrator is chargeable as the 
deceased would be if living ; and if he fails so to settle, when he 
has sufficient assets in his hands, he shall be chargeable with the 
whole sum committed to the deceased for collection. R. S. c. 
10, § 47. 

If the constable or collector of any town or parish, to whom 
taxes have been committed for collection, neglects to collect and 
pay them to the treasurer named in the warrant of the assessors 
by the time therein stated, such treasurer shall issue his warrant, 
returnable in ninety days, and in substance as follows, to the 
sheriff of the county or his deputy, who shall execute it. 

A. B., treasurer of the of , in the county of , to the 

sheriff of said county, or his deputy. 

GREETING. 

Whereas C. D., of aforesaid, (addition) on the day of , 19 — , 

being a of taxes granted and agreed on by the aforesaid, had a list 

of assessments duly made by the assessors of the aforesaid, amounting 

to the sum of $ . , committed to him with a warrant under their 

hands, directing and empowering him to collect the several sums in said 

assessment mentioned, and pay the same to the treasurer of the afore-. 

said by the day of , 19 — , but the said C. D. has been remiss in his 

duty by law required, and has neglected to collect the several sums afore- 
said, and pay them to the treasurer of the aforesaid; and there still 

remains due thereof the sum of $ . , and the said C. D. still neglects 



THE COLLECTION OF TAXES. 207 

to pay it: You are hereby, in the name of the state, required forthwith to 

levy the aforesaid sum of $ . , by distress and sale of the estate, 

real or personal, of said C. D., and pay the same to the treasurer of said 

1 returning the overplus, if any, to said C. D. And for want of such 

estate, to take the body of said C. D., and him commit to the jail in the 

county aforesaid, there to remain until he has paid the said sum of $ . 

, with forty cents for this warrant, together with your fees, or he is 

otherwise discharged therefrom by order of law ; and make return of this 

warrant to myself, or my successor, as treasurer of said , within ninety 

days from this time, with your doings therein. 

Given under my hand, this day of , in the year 19 — . 

, Treasurer of . 

R. S. c. 10, § 48 ; 17 Me. 447 ; 19 Me. 374 ; 33 Me. 483 ; 64 
Me. 190; 73 Me. 181; 74 Me. 411; 82 Me. 45. 

On each execution or warrant of distress issued by the treas- 
urer of state, or by the treasurer of a county, town or parish, 
against a constable or collector, or against the inhabitants of a 
town, and delivered to a sheriff or his deputy, he shall make 
return of his doings to such treasurer, within a reasonable time 
after the return day therein mentioned, with the money, if any, 
that he has received by virtue thereof; and if he neglects to 
comply with any direction of such warrant or execution, he shall 
pay the whole sum mentioned therein. When it is returned 
unsatisfied, or satisfied in part only, such treasurer may issue an 
alias for the sum due on the return of the first ; and so on, as 
often as occasion occurs. A reasonable time after the return 
day shall be computed at the rate of forty-eight hours for every 
ten miles distance from the dwelling-house of the sheriff or his 
deputy to the place where the warrant is returnable. R. S. c. 
10, § 49. 

When a sheriff or deputy is deficient as aforesaid, such treas- 
urers may direct warrants to a coroner of the county, requiring 
him to distrain therefor upon the delinquent's real or personal 
•estate ; and the coronor shall execute such warrants as a sheriff 
■does on deficient constables and collectors. R. S. c. 10, § 50. 

Any officer selling personal property, distrained under a war- 
rant from such treasurers against a sheriff, constable or collector, 
or against the inhabitants of a town, shall proceed as in the sale 
of such property on execution. R. S. c. 10, § 51. 

When a warrant of distress from such treasurers is levied on 
the real estate of a deficient constable, collector, sheriff or 
deputy sheriff, or against the inhabitants of a town, for the 



208 THE COLLECTION OF TAXES. 

purpose of sale, fourteen days' notice of the sale, and time and 
place shall be given, by posting advertisements in two or more 
public places in the town or place where the estate lies, and in 
two adjoining towns. R. S. c. 10, § 52. 

At that time and place, the officer having such warrant shall 
sell, at public vendue, so much of such estate, in common and 
undivided with the residue, if any, as is necessary to satisfy the 
sum named in the warrant, with all legal charges ; and execute 
to the purchaser a sufficient deed thereof,- which shall be as* 
effectual as if executed by the deficient owner. R. S. c. 10,. 
§53. 

If the proceeds of such sale do not satisfy such sum and legal 
charges, the treasurer who issued the warrant, shall issue an 
alias warrant for the sum remaining due ; and the officer execut- 
ing it shall arrest such deficient officer, and proceed as on 
an execution for debt ; and such deficient officer shall have the 
same rights and privileges as a debtor arrested or committed on 
execution in favor of a private creditor. R. S. c. 10, § 54. 

When any constable or collector of taxes is taken on execu- 
tion under this chapter, the assessors may demand of him a true 
copy of the assessments, which he received of them and then 
has in his hands unsettled, with the evidence of all payments 
made thereon; and if he complies with this demand, he shall 
receive such credit as the assessors, on inspection of the assess- 
ment, adjudge him entitled to, and account for the balance ; but 
if he refuses, he shall forthwith be committed to jail by the 
officer who so took him, or by a warrant from a justice of the 
peace, to remain there until he complies ; and the assessors 
shall take and use copies of the record of assessments instead of 
the copies demanded of him. R. S. c. 10, §55; 62 Me. 461. 

The same town or parish may, at any time, proceed to the 
choice of another collector, to complete the collection of the 
assessments, who shall be sworn and give the security required 
of the first collector ; and the assessors shall deliver to him the 
uncollected assessments, with a proper warrant for their collec- 
tion, and he shall proceed as before prescribed. R. S. c. 10, § 
56; 51 Me. 62; 62 Me. 461. 

When the tax of any person named in said assessment does 
not thereby appear to have been paid, but such person declares 
that it was paid to the former collector, the new collector shall 
not distrain or commit him, without a vote of such town or 



THE COLLECTION OF TAXES. 209 

parish first certified to him by its clerk. R. S. c. 10, § 57 ; 
57 Me. 62. 

When a town neglects to choose and the selectmen to appoint 
any constable or collector to collect a state or county tax, the 
sheriff of the county shall collect it, on receiving an assessment 
thereof, with a warrant under the hands of the assessors of such 
town, duly chosen, or appointed by the county commissioners, 
as the case may be. R. S. c. 10, § 58. 

When plantations neglect to choose constables or collectors, 
or those chosen and accepting their trust neglect their duty, such 
plantations shall be proceeded against as in the case of deficient 
towns ; and such deficient constables or collectors are liable to 
the same penalties, and shall be removed in the same manner, as 
deficient constables and collectors of towns. R. S. c. 10, § 59. 

The sheriff or his deputy, on receiving such assessment and 
warrant for collection as is mentioned in the two preceding 
sections, shall forthwith post in some public place in the town 
or plantation assessed, an attested copy of such assessment and 
warrant, and shall make no distress for any of such taxes until 
after thirty days therefrom ; and any person paying his tax to 
such sheriff within that time, shall pay five per cent over and 
above his tax for sheriff's fees, and no more ; but those who do 
not pay within that time shall be distrained or arrested by such 
officer, as by collectors ; and the sheriff may require aid for the 
purpose, and the same fees shall be paid for travel and service 
of the sheriff, as in other cases of distress. R. S. c. 10, § 60. 

When an officer appointed to collect assessments by virtue of 
a warrant, for want of property arrests any person and commits 
him to jail, he shall give an attested copy of his warrant to the 
jailer, and certify, under his hand, the sum that he is to pay as 
his tax and the costs of arresting and committing, and that for 
want of goods and chattels whereon to make distress, he has 
arrested him ; and such copy and certificate are a sufficient war- 
rant to require the jailer to receive and keep such person in 
custody, until he pays his tax, charges, and thirty-three cents 
for the copy of the warrant ; but he shall have the rights and 
privileges, mentioned in section fifty-four. R. S. c. 10, § 61 ; 
71 Me. 24; 77 Me. 406. 

Any person arrested or imprisoned on a warrant for the 
collection of a public tax, and every constable, collector or 
deputy sheriff, arrested or imprisoned for default in collecting 

14 



210 THE COLLECTION OF TAXES. 

taxes committed to him, has the privileges, and is subject to 
the obligations of this chapter, as if arrested or imprisoned on 
execution for debt; and for all purposes relating thereto, the 
assessors of the town for the time being where the tax was 
assessed, shall be deemed the creditors, and corresponding 
verbal alterations shall be made in the oath and certificate of 
discharge ; but nothing herein exempts any property from dis- 
tress for taxes, except those implements, tools and articles of 
furniture which are exempt from attachment for debt. R. S. c. 
144, § 66 ; 19 Me. 326 ; 39 Me. 346 ; 73 Me. 283. 

When a person, committed for non-payment of taxes due to 
the state or county, is discharged by virtue of any statute for 
the relief of poor prisoners confined in jail for taxes, the town 
whose assessors issued the warrant by which he was committed 
shall pay the whole tax required of it. R. S. c. 10, § 62. 

When a person imprisoned for not paying his tax, is dis- 
charged, the officer committing him shall not be discharged 
from such tax without a vote of the town, unless he imprisoned 
him within one year after the taxes were committed to him to 
collect. R. S. c. 10, § 63; 61 Me. 557; 82 Me. 44. 

For commitments for non-payment of taxes, the officer shall 
have the same fees as for levying executions, but his travel shall 
be computed only from his dwelling-house to the place of com- 
mitment. R. S. c. 10, § 64. 

In addition to other provisions for the collection of taxes 
legally assessed, the mayor and treasurer of any city, the select- 
men of any town, and the assessors of any plantation to which a 
tax is due, may in writing direct an action of debt to be com- 
menced in the name of such city or of the inhabitants of such 
town or plantation, against the party liable ; but no such defend- 
ant is liable for any costs of suit, unless it appears by the decla- 
ration and by proof, that payment of said tax had been duly 
demanded before suit. And no execution shall run against the 
body of any person issued on a judgment recovered for the col- 
lection of any poll tax. R. S. c. 10, §65; 66 Me. 198 ; 67 Me. 
261; 70 Me. 304; 71 Me. 404; 74 Me. 283-4; 76 Me. 550; 
78 Me. 278; 79 Me. 183; 82 Me. 157; 83 Me. 229; 84 Me. 
505; 86 Me. 318, 364; 87 Me. 361; 89 Me. 154, 578, 582; 90 
Me. 182. 

If an action be brought under the foregoing section, it must 
be regarded as a waiver of procedure by arrest or distraint ; 
resort cannot be had to both processes at the same time, this 



THE COLLECTION OF TAXES. 211 

being an additional and not a concurrent remedy. 67 Me. 260 < 

When an action is brought under the foregoing sections the 
declaration should allege that the defendant was liable to tax- 
ation in the plaintiff town for the years during which the taxes 
were assessed, and if it does not so allege, the declaration is bad 
on demurrer. 70 Me. 303. 

A collector of taxes who was not sworn, is an officer de facto, 
having certain powers. Payment to him will discharge a tax. 
A demand made by him is a sufficient demand to comply with 
the provisions of the statute, when the refusal to pay is to be 
upon other grounds than in one of qualification on the part of 
the collector. 74 Me. 280. 

A tax on the real and personal estate of a deceased intestate* 
assessed to the "estate" of the deceased after the appointment 
and qualification of an administrator, is not assessed in conform- 
ity with law, and no action therefor by the town against the 
administrator, can be maintained. 76 Me. 549. 

A tax assessed against the "administrator of the estate of R," 
when the representative parties were executors and not adminis- 
trators is not a fatal mistake, it being fairly within the scope of 
the statute. 78 Me. 276. 

It is a general rule that an illegal provision in a warrant, 
separable from its other provision, will not vitiate the instru- 
ment, unless the direction is acted upon. An unauthorized 
mandate in the warrant to a collector to collect interest on the 
assessments, not enforced or attempted to be, does not affect in 
other respects the validity of the warrant. 79 Me. 183. 

In an action against a tax-payer, the plaintiffs cannot recover 
costs in the absence of proof of a demand made upon the defend- 
ant before action brought. 82 Me. 152. 

In an action of debt to recover a tax assessed upon personal 
property, it is a material averment that the defendant was an 
inhabitant of the plaintiff town, etc., and it is incumbent upon 
the plaintiff to establish it by competent evidence. 83 Me. 228. 

In an action under the statute to recover taxes due a city or 
town it is not a defense that the assessors made only one valu- 
ation for each tax, state, county and town, and blended together 
the several sums to be thus levied, making but one assessment 
for the whole. It is not a defence to such action that the 
assessors made and listed one appraisal in gross of three separate 
lots of land not adjoining, nor in any way connected with one 



212 THE COLLECTION OF TAXES. 

another, instead of making and listing a separate appraisal for 
each lot. Much greater particularity and precision are required 
when a forfeiture is sought to be enforced than when a simple 
recovery of a tax by suit is asked for. 84 Me. 503. 

A general direction by the selectmen of a town to a tax col- 
lector to commence actions against "any and all tax-payers" who 
"refuse or fail" to pay their taxes, is not a compliance with the 
statute. The power conferred by this statute requires an exer- 
cise of judgment and discretion. A refusal to pay a tax is one 
thing. A failure to pay is another. The former may be the 
result of willfulness or a denial of the legality of the tax, the 
latter may be the result of sickness and poverty and an utter 
inability to pay. In the former case an action may be expedient. 
In the latter inexpedient. It is plain, therefore, that judgment 
and discretion are to be exercised in determining whether or not 
an action shall be commenced. And it is a familiar and well 
settled rule of law that when judgment and discretion are to be 
exercised, they must be exercised by the persons on whom the 
law has placed the power and authority to act. Their exercise 
cannot be transferred to another. Such powers are incapable of 
delegation. 86 Me. 318; 86 Me. 363. 

In an action for a tax, a formal admission that "a demand for 
the tax was made at the date of the writ" is sufficient evidence 
of a demand "before suit." 87 Me. 357. 

Towns at their annual meetings may determine when the tax 
lists shall be committed, and when their taxes shall be payable, 
and that interest shall be collected thereafter. The rate of said 
interest, not exceeding one per cent a. month, shall be specified 
in the vote, and shall be added to and become a part of the tax. 

Where the town assesses the taxes and at a subsequent meet- 
ing votes to charge interest it was held that no interest can be 
recovered since the resolve imposing the interest was not passed 
at the time of imposing the tax. 87 Me. 361. 

In an action in the name of a town to recover taxes, it is a 
necessary averment that the selectmen directed in writing the 
action to be brought. Good pleading requires it to be alleged 
what time and place, but the time and place need not be proved 
as alleged, and are not traversable facts. Their omission is mat- 
ter of form, which can be taken advantage of on special, but not 
general demurrer. 89 Me. 154. 

Much greater particularity and precision are required in pro- 
ceedings for the recovery of unpaid taxes wherein a forfeiture is 



THE COLLECTION OF TAXES. 213 

sought to be enforced than in a suit at law for mere recovery of 
them. It is not necessary as a prerequisite to the validity of the 
tax that the lists committed to the collector should contain an 
exact description of the real estate taxed, or even the same as 
contained in the record of assessment. 89 Me. 582. 

Where suit is brought in the name of the inhabitants of a 
town for the collection of unpaid taxes, by the written direction 
of the selectmen, such averment is necessary to a proper declara- 
tion, and this omission would constitute a fatal defect to the 
declaration if advantage were taken by demurrer. 89 Me. 582. 

A demand made by the collector of taxes upon the company's 
agent or superintendent who has charge of the water works in 
the town, by the agent of the town who is duly authorized to 
commence the action, is held a sufficient demand on the com- 
pany to warrant recovery of costs. 90 Me. 180. 

On and after January first, nineteen hundred and eight, all 
municipal officers of cities and towns in making out their yearly 
report shall cause to be printed in said report the names and 
amounts of all delinquent tax-payers which have been committed 
to the treasurer or collector for collection. 

The failure for non-performance of this duty shall be not less 
than five dollars nor more than twenty-five dollars. P. L. 1907 
c. 166. 

At any meeting, when it votes to raise a tax, a town may 
agree on the abatement to be made to those who voluntarily pay 
their taxes to the collector or treasurer at certain periods, and 
the times within which they are so entitled ; and a notification 
of such votes, and the time when such taxes must be paid to 
obtain the abatement, shall be posted by the treasurer in one or 
more public places in his town, within seven days after such 
commitment ; and all who so pay their taxes are entitled to such 
abatement; but no person shall receive an abatement of more 
than ten per cent of his tax ; and all taxes not so paid shall be 
collected by the collector or his deputy, under the other pro- 
visions of this chapter. R. S. c. 10, § 66. 

The collector of taxes of any town or the treasurer of any 
town who is also a collector, may issue his warrant to the sheriff 
of any county, or his deputy or to a constable of his town, 
directing him to distrain the person or property of any person 
not paying his taxes within three months after the date of the 
original commitment which warrant shall be of the same tenor 



214 THE COLLECTION OF TAXES. 

as that prescribed to be issued bj T municipal officers or assessors 
to collectors with the appropriate changes returnable to the col- 
lector or treasurer issuing the same in thirty, sixty or ninety 
days. R. S. c. 10, § 67 ; 96 Me. 269. 

When such collector or treasurer thinks that there is danger 
of losing by delay a tax assessed on any individual, he may 
distrain his person or property before the expiration of the time 
named in the preceding section. R. S. c. 10, § 68. 

Before such officer serves any such warrant, he shall deliver 
to the delinquent, or leave at his last and usual place of abode, 
a summons from said collector or treasurer, stating the amount 
of tax due, and that it must be paid within ten days from the 
time of leaving such summons, with twenty cents for the officer 
for leaving the same ; and if not so paid, the officer shall serve 
such warrant the same as collectors of taxes may do, and shall 
receive the same fees as for levying executions in personal 
actions. R. S. c. 10, § 69 ; 96 Me. 270. 

The affidavit of any disinterested person as to posting notifica- 
tions required for the sale of any land to be sold by the sheriff 
or his deputy, constable or collector, in the execution of his 
office, may be used in evidence in any trial to prove the fact of 
notice ; if such affidavit, made on one of the original advertise- 
ments, or on a copy of it, is filed in the registry of the county or 
district where the land lies, within six months. R. S. c. 
10, § 70. 

When the estate of an inhabitant of a town or parish, who is 
not an assessor thereof, is levied upon and taken as mentioned 
in sections eighty-eight, ninety-six, ninety-seven or ninety-eight 
of chapter nine, or in sections five, seven or forty-five of this 
chapter, he may maintain an action against such town or parish, 
and recover the full value of the estate so levied on, with inter- 
est at the rate of twenty per cent from the time it was taken, 
with costs ; and such value may be proved by any other legal 
evidence, as well as by the result of the sale under such levy. 
R. S. c. 10, § 71. 

All warrants lawfully issued by a state or county treasurer, 
shall be made returnable in three months, and may be renewed 
for the collection of what appears due upon them when returned, 
including expenses incurred in attempting to collect them ; and 
trtie power and duty of the sheriff shall be the same in executing 
such alias or pluries warrant, as if it were the original. R. S. c. 
10, § 72; 53 Me. 284. 



THE COLLECTION OF TAXES. 21 5 

If any tax assessed on real estate, or on equitable interests 
assessed under section three of chapter nine, remains unpaid on 
the first Monday in February next after said tax was assessed, 
the collector shall sell at public auction so much of such real 
estate or interest as is necessary for the payment of said tax, 
interest and all the charges, at nine o'clock in the forenoon of 
said first Monday in February, at the office of collector of taxes, 
in cities, and at the place where the last preceding annual town 
meeting was held, in towns. In the case of the real estate of 
resident owners, the collector may give notice thereof and of his 
intention to sell so much of said real estate or interest as is nec- 
essary for the payment of said tax and all charges, by posting 
notices thereof in the same manner and at the same places that 
warrants for town meetings are therein required to be posted, 
six weeks before such first Monday in February, designating the 
name of the owner if known, the right, lot and range, the num- 
ber of acres as nearly as may be, the amount of tax due, and 
such other short description as is necessary to render its identifi- 
cation certain and plain. And in the case of taxes assessed on 
the real estate of non-resident owners, he shall cause said notices 
to be published in some newspaper, if any, published in the 
county where said real estate lies, three weeks successively ; 
such publication to begin at least six weeks before said first 
Monday in February ; if no newspaper is published in said 
county, said notices shall be published in like manner, in the 
state paper ; he shall, in the advertisements so published, state 
the name of the town, and if within three years it has been 
changed for the whole or a part of the territory, both the present 
and former name shall be stated ; and that, if the taxes, interest 
and charges are not paid on or before such first Monday in Feb- 
ruary, so much of the estate as is sufficient to pay the amount 
due therefor with interest and charges, will be sold without 
further notice, at public auction, on said first Monday in Febru- 
ary, at nine o'clock in the forenoon, at the office of the collector 
of taxes, in cities, and at the place where the last preceding 
annual town meeting was held, in towns. The date of the com- 
mitment shall be stated in the advertisement. In all cases, said 
collector shall lodge with the town clerk a copy of each such 
notice, with his certificate thereon that he has given notice of 
the intended sale as required by law. Such copy and certificate 
shall be recorded by said clerk and the record so made shall be 
open to the inspection of all persons interested. The clerk shall 
furnish to any person desiring it an attested copy of such record, 



216 THE COLLECTION OF TAXES. 

on receiving payment or tender of payment of a reasonable sum 
therefor ; but notices of sales of real estate within any village 
corporation for unpaid taxes of said corporation may be given 
by notices thereof, posted in the same manner, and at the same 
places as warrants for corporation meetings, and by publication, 
as aforesaid. No irregularity, informality or omission in giving 
the notices required by this section, or in lodging copy of any of 
the same with the town clerk, as herein required, shall render 
such sale invalid, but such sale shall be deemed to be legal and 
valid, if made at the time and place herein provided, and in 
other respects according to law, except as to the matter of 
notice. For any irregularity, informality or omission in giving 
notice as required by this section, and in lodging copy of the 
same with the town clerk, the collector shall be liable to any 
person injured thereby. R. S. c. 10, § 73; 32 Me. 69; 35 Me. 
554; 58 Me. 532, 533; 73 Me. 382; 84 Me. 190, 377; 89 Me. 
337; 95 Me. 124; 30 Me. 326; 1 Me. 307; 12 Me. 378; 26 
Me. 231; 30 Me. 229; 32 Me. 69; 63 Me. 381; 70 Me. 279; 
74 Me. 284. 

The notice for posting, or the advertisement, as the case may 
be, of the collector shall be in substance as follows : 

Unpaid taxes on lands situated in the town of , in the county of 

, for the year . [N. B.] The name of the town was formerly , 

[to be stated in the case of change of name, as mentioned in the preceding 
section.] The following list of taxes on real estate of resident [or non-resi- 
dent, as the case may be] owners in the town of , for the year , 

committed to me for collection for said town, on the day of , 

remain unpaid ; and notice is hereby given that if said taxes, interest and 
charges are not previously paid, so much of the real estate taxed, as is 
sufficient to pay the amount due therefor, including interest and charges, 

will be sold at public auction at , in said town, on the first Monday of 

December, 19 — , at nine o'clock A. M. [N. B. Here follows the list, a 
short description of each parcel taken from the inventory to be inserted in an 
additional column.] 

C. D., Collector of Taxes of the Town of . 

R. S. c. 10, § 74. 

After the land is so advertised, and at least ten days before 
the day of sale, the collector shall notify the owner, if resident, 
or the occupant thereof, if any, of the time and place of sale by 
delivering to him in person, or leaving at his last and usual 
place of abode, a written notice signed by him, stating the time 
and place of sale, and the amount of taxes due. In case of non- 
resident owners of real estate, such notice shall be sent by mail 



THE COLLECTION OF TAXES. 217 

to the last and usual address, if known to the collector, at least 
ten days before the day of sale. If such tax is paid before the 
time of sale, the amount to be paid for such advertisement and 
notice shall not exceed one dollar, in addition to the sum paid 
the printer, if any. R. S. c. 10, §75; 73 Me. 382; 84 Me. 
190. 

When no person appears to discharge the taxes duly assessed 
on any such real estate of resident or non-resident owners, with 
costs of advertising, on or before the time of sale, the collector 
shall proceed to sell at public auction, to the highest bidder, so 
much of such real estate or interest as is necessary to pay the 
tax due, with three dollars for advertising and selling it, the sum 
paid to the printer, twenty-five cents for each copy required to 
be lodged with the town clerk, twenty-five cents for the return 
required to be made to the town clerk, fifty cents for the town 
clerk for recording the same, and sixty-seven cents for the deed 
thereof and certificate of acknowledgment. If the bidding is for 
less than the whole, it shall be for a fractional part of the estate, 
and the bidder who will pay the sum due for the least fractional 
part shall be purchaser. If more than one right, lot or parcel of 
land is so advertised and sold, said charge of three dollars, the 
twenty-five cents for each copy lodged with the town clerk, the 
twenty-five cents for the return made to the town clerk, and the 
fifty cents for the town clerk for recording the same, shall be 
divided equally among the several rights, lots or parcels adver- 
tised and sold at any one time ; and in addition, the sum paid to 
the printer shall be divided equally among the non-resident rights, 
lots or parcels so advertised and sold ; and the collector shall 
receive in addition, fifty cents on each parcel of real estate so 
advertised and sold, when more than one parcel is advertised 
and sold. The collector may, if necessary to complete the sales, 
adjourn the auction from day to day. R. S. c. 10, § 76; 19 Me. 
100, 369; 25 Me. 362; 27Me. 356; 30 Me. 325 ; 32 Me. 69, 
309; 34 Me. 268; 36 Me. 178, 435; 40 Me. 161; 43 Me. 311; 
48 Me. 377 ; 58 Me. 533 ; 61 Me. 209 ; 68 Me. 395 ; 71 Me. 236 ; 
74 Me. 222; 84 Me. 190; 97 Me. 447. 

If the purchaser of land sold for taxes under section seventy- 
six of chapter ten of the revised statutes fails to pay the col- 
lector within twenty days after the sale the amount bid by him, 
the sale shall be void, and the city or town in which such sale 
was made shall be deemed to be the purchaser of the land so 
sold, the same as if purchased by some one in behalf of the city 



218 THE COLLECTION OF TAXES. 

or town under section eighty-five of said chapter ten. P. L. of 
1905 c. 27, § 1. 

If a city or town becomes a purchaser under the preceding 
section, the deed to it shall set forth the fact that a sale was 
duly made, the amount bid for the land included in said deed 
and that the purchaser failed to pay the amount bid within 
twenty days after the sale ; and the said deed shall confer upon 
said city or town the same rights and duties as if it had been 
the purchaser under section eighty-five of said chapter ten. 
P. L. of 1905 c. 27, § 2. 

When real estate is so sold for taxes, the collector shall, within 
thirty days after the day of sale, lodge with the treasurer of his 
town a certificate under oath designating the quantity of land 
sold, the names of the owners of each parcel, and the names of 
the purchasers ; what part of the amount of each was tax, and 
what was cost and charges ; also a deed of each parcel sold, run- 
ning to the purchasers. The treasurer shall not deliver the 
deeds to the grantees, but put them on file in his office, to be 
delivered at the expiration of two years from the day of sale, in 
the case of lands of resident OAvners, and one year from the day 
of sale in the case of lands of non-resident owners, if the owner 
does not within such time redeem his estate from the sale, by 
payment of the taxes, and all charges, and interest on the whole 
at the rate of ten per cent from the day of sale to the time of 
redemption, and costs as above provided, with sixty-seven cents 
for the deed and certificate of acknowledgment and all sums paid 
for internal revenue stamps affixed to such deed. If the deed of 
land of a non-resident owner is recorded within thirteen months 
after the day of sale, no intervening attachment or conveyance 
shall affect the title. If so redeemed, the treasurer shall give the 
owner a certificate thereof, cancel the deed, and pay to the gran- 
tee, on demand, the amount so received for him. If not so paid, 
he shall deliver to the grantee his deeds, on payment of the fees, 
as aforesaid, for the deed and acknowledgment, and thirty cents 
more for receiving and paying out the proceeds of the sale. For 
the fidelity of the treasurer in discharging the duties herein 
required, the town is responsible, and has a remedy on his bond 
in case of default. R. S. c. 10, § 77; 84 Me. 190 ; 96 Me. 500. 

All sums paid by any collector of taxes, or treasurer, for 
internal revenue stamps to be affixed to any deed of real estate, 
or interest therein, sold for non-payment of a tax, shall be deemed 



THE COLLECTION OF TAXES. 219 

a part of the costs and charges for making such sale. R. S. c. 
10, § 78. 

The person interested in the estate, by purchase at the sale, 
may pay any tax assessed thereon, before or after that so adver- 
tised, and for which the estate remains liable, and on filing with 
the treasurer the receipt of the officer to whom it was paid, the 
amount so paid shall be added to that for which the estate was 
liable, and shall be paid by the owner redeeming the estate, with 
interest at the same rate as on the other sums. After the deed 
of land of a non-resident owner is so delivered, the OAvner has six 
months within which to redeem his estate, by paying to the pur- 
chaser the sum by him so paid, with interest at the rate of twenty 
per cent a year. R. S. c. 10, § 79. 

The collector making any sale of real estate for non-payment 
of taxes, shall, within thirty days after such sale make a return, 
with a particular statement of his doings in making such sale, to 
the clerk of his town ; who shall record it in the town records ; 
and said return, or if lost or destroyed, an attested copy of the 
record thereof, shall be evidence of the facts therein set forth in 
all cases where such collector is not personally interested. The 
collector's return to the town clerk shall be in substance as 
follows : 

Pursuant to law, I caused the taxes assessed on the real estate of non- 
resident owners described herein, situated in the town of for the year 

, to be advertised according to law by advertising in the three 

weeks successively, the first publication being on the day of , and 

at least six weeks before the day of sale; and caused the taxes assessed on 
the real estate of resident owners described herein, situated in the town of 

for the year , to be advertised according to law by posting notice 

as required by law, at the following places, six weeks before the day of sale, 
being public and conspicuous places in said town. I also, at least ten days 
before the day of sale, gave to each resident owner of said lands, or the 
occupant thereof, if any, in hand, or left at his last and usual place of abode, 
and sent by mail to the last and usual address of each non-resident owner 
of said lands, whose address was known to me, written notice of the time 
and place of said sale, in the manner provided by law; and afterwards on 
the first Monday of December, 19 — , at nine o'clock, A. M., being the time 
and place of sale, I proceeded to sell, according to the tenor of the adver- 
tisement, the estates upon which the taxes so assessed remained unpaid; 
and in the schedules following is set forth each parcel of the estate so 
offered for sale, the amount of taxes, and the name of the purchaser; and I 
have made and executed deeds of the several parcels to the several persons 
entitled thereto, and placed them on file in the town treasurer's office, to be 
disposed of as the law requires. 



220 



THE COLLECTION OF TAXES. 



SCHEDULE No. 1. 

NON-RESIDENT OWNERS. 



Name of 
owner. 



Description 
of property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



SCHEDULE No. 2. 

RESIDENT OWNERS. 



Name of 
owner. 



Description 
of property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



In witness of all which I have hereunto subscribed my name, this 

day of , 19—. 

C. D., Collector of Taxes of the Town of — 



R. S. c. 10, § 80; 84 Me. 190; 95 Me. 124, 126. 

Any person to whom the right by law belongs, may, at any 
time within two years from the day of sale, redeem any real 
estate or interest of resident proprietors sold for taxes on paying 
into the town treasury for the purchaser, the full amount so 
certified to be due, both taxes and cost, including the sum 
allowed for the deeds and stamps, with interest on the whole at 
the rate of twenty per cent a year from the date of the sale, 
which shall be received and held by said treasurer as the prop- 
erty of the purchaser aforesaid ; and the treasurer shall pay to 
said purchaser, his heirs or assigns, on demand ; and if not paid 
when demanded, the purchaser may recover it in any court of 
competent jurisdiction, with costs and interest at the rate of 
twenty per cent, after such demand. The sureties of the treas- 
urer shall pay the same on failure of said treasurer. And in 
default of payment by either, the town or plantation shall pay 
the same with costs and interest as aforesaid. R. S. c. 10, § 81 ; 
84 Me. 190. 

If no person having legal authority so to do redeems the 
same within the time aforesaid by paying the full amount 
required by this chapter, said treasurer shall deliver to the pur- 
chaser the deeds so lodged with him by the collector ; and if he 
willfully refuses to deliver such deed to such purchaser, on 
demand, after said two years and forfeiture of the land as afore- 
said, he forfeits to said purchaser the full value of the property 



THE COLLECTION OF TAXES. 221 

so to be conveyed, to be recovered in an action of debt, with 
costs and interest as in other cases ; the sureties of said treasurer 
shall make good the payment here required, in default of pay- 
ment by the principal ; and on the failure of both, the town is 
liable. * R. S. c. 10, § 82. 

Any non-resident owner of real estate sold under section 
seventy-six, having paid the taxes, costs, charges and interest as 
aforesaid, may, at any time within one year after making such 
payment, commence a suit against the town to recover the 
amount paid, and if on trial it appears that the money raised 
was for an unlawful purpose, he shall have judgment for the 
amount so paid. If not commenced within the year, the claim 
shall be forever barred. The suit may be in the supreme judicial 
or superior court, and the plaintiff recovering judgment therein 
shall have full costs, although the amount of damages is less 
than twenty dollars. R. S. c. 10, § 83; 58 Me. 391, 395; 68 
Me. 357. 

The treasurer's receipt or certificate of payment of a sufficient 
sum to redeem any lands taxed as aforesaid, shall be legal 
evidence of such payment and redemption. R. S. c. 10, § 84. 

The municipal officers may employ one of their own number, 
or some other person, to attend the sale for taxes of any real 
estate, in which their town is interested, and bid therefor a sum 
sufficient to pay the amount due and charges, in behalf of the 
town, and the deed shall be made to it. R. S. c. 10, § 8 ; 61 
Me. 551 ; 95 Me. 166. 

In all cases where real estate has been sold for state, county 
or town taxes, the owner may, within the time allowed by law, 
pay the sums necessary to redeem the same, into the treasury of 
the state, county or town to which the tax is to be paid, and 
such payment seasonably made shall redeem the estate. The 
treasurer shall pay the amount so received by him to the person 
entitled thereto according to the records and documents in his 
office. R. S. c. 10, § 86. 

In the trial of any action at law or in equity, involving the valid- 
ity of any sale of real estate for non-payment of taxes, it shall be 
sufficient for the party claiming under it, in the first instance, to 
produce in evidence the collector's or treasurer's deed, duly 
executed and recorded, which shall be prima facie evidence of 
his title, and if the other party claims and offers evidence to 
show that such sale was invalid and ineffectual to convey the 
title, the party claiming under it shall have judgment in his 



222 THE COLLECTION OF TAXES. 

favor so far as relates to said tax title, if he then produces the 
assessment, signed by the assessors, and their warrant to the 
collector, and proves that such collector or treasurer complied 
with the requirements of law in selling such real estate ; and in 
all such actions involving the validity of sales made after April 
twenty-six, eighteen hundred and ninety-five, the collector's 
return to the town clerk, the town clerk's record, or if lost or 
destroyed, said clerk's attested copy of such record, as provided 
in section eighty, shall be prima facie evidence of all facts there- 
in set forth. R. S. c. 10, § 87 ; 27 Me. 293; 33 Me. 82; 51 
Me. 600; 57 Me. 517; 58 Me. 392, 396; 59 Me. 346; 61 Me. 
208, 433; 63 Me. 311, 381; 64 Me. 452; 68 Me. 357, 395; 69 
Me. 520; 70 Me. 278; 71 Me. 237; 72 Me. 504; 73 Me. 383, 
407 ; 74 Me. 25, 51 ; 84 Me. 379 ; 85 Me. 321 ; 89 Me. 337 ; 
90 Me. 104. 

Warrants for state taxes on organized plantations taxed by 
the state as wild lands shall be sent by the treasurer of state to 
the assessors of each plantation in which such lands are situated 
in the month of April of each year. 

In the month of April of each year the county commissioners 
of each county shall issue to the assessors of each organized 
plantation taxed by the state as wild land their warrant for the 
amount of county taxes apportioned to said plantation. R. S. c. 
10, § 88. 

The assessors of such plantation shall add the amounts of said 
state and county taxes certified to them by the treasurer of the 
state and the county commissioners to their assessment for plan- 
tation purposes, and assess the same on the real and personal 
property in such plantation to the owner or person in possession 
in accordance with their valuation thereof, including such over- 
lay, not exceeding five per cent thereof, as a fractional division 
renders convenient. R. S. c. 10, § 89. 

In July of each year said assessors shall commit the same 
with a warrant in the usual form to a collector of taxes, to be 
elected by said plantation at its annual meeting, or in default 
thereof to be appointed by said assessors, directing him to collect 
and transmit the said state taxes to the treasurer of the state by 
December first next after the date of commitment, and also 
directing him to collect and transmit the said county taxes to the 
county treasurer by December first next after the date of com- 
mitment. R. S. c. 10, § 90. 



THE COLLECTION OF TAXES. 223 

Said collector shall give bond to the plantation in such sum 
and with such sureties as the assessors thereof require, and said 
assessors shall agree with him as to his compensation, which 
shall be paid by the plantation. R. S. c. 10, § 91. 

Said collector shall settle with the assessors b}' the tenth day 
of December in each year, and return to them his collection list, 
showing the amounts received or unpaid on each tax in his list. 
On all such taxes then unpaid, interest shall be added from the 
first day of December preceding at twenty per cent until paid. 
The clerk of the plantation shall record in a book kept for that 
purpose such returned collector's list with the collector's return 
thereon showing the amounts received or unpaid on each tax in 
the list, which record shall be evidence of the facts therein 
stated. R. S. c. 10, § 92. 

The lien on real estate created by section three of chapter 
nine for the payment of taxes assessed under the five preceding 
sections may be enforced at any time within one year from the 
time when said collection lists are returned to said assessors, in 
the following manner : The assessors may order the collector to 
bring an action of debt in the name of the plantation in the 
supreme judicial court in the county where the land lies, to col- 
lect such unpaid taxes with interest, against the person to whom 
the property is assessed, and the proceedings in such actions 
shall be the same as provided in section twenty-eight of this 
chapter, except that the preliminary notice and demand for pay- 
ment of said tax as provided in said section shall not be 
required. R. S. c. 10, § 93. 

Proceedings under the six preceding sections for the assess- 
ment and collection of taxes on organized plantations taxed by 
the state as wild lands, shall be in accordance with sections 
thirty-six, thirty-seven, thirty-eight, eighty-six and eighty-eight 
of chapter nine, so far as said sections are applicable ; section 
sixty of chapter nine shall apply to such plantations. R. S. c. 
10, § 94. 

The treasurer of state may bring an action of debt in his own 
name to enforce the lien on real estate created by section three 
of chapter nine, to secure the payment of state and county taxes 
assessed under sections forty and forty-one of chapter nine upon 
lands not liable to be assessed in any town for which warrants 
are not issued under section eighty-eight of this chapter. Such 
action shall be begun after the expiration of eight months and 
within one year after the last publication of the advertisement 



224 THE COLLECTION OF TAXES. 

named in section forty-two of chapter nine. The proceedings 
shall be in accordance with section twenty-eight of this chapter, 
except that the preliminary notice and demand for payment of 
said tax as provided in said section shall not be required. R. S. 
c. 10, § 95. 

In addition to the methods of collecting state, county and 
forestry district taxes provided by law, owners of land in unor- 
ganized townships shall be liable to pay such taxes to the treas- 
urer of the state upon demand. If such taxes shall not be paid 
within thirty days after such demand, the treasurer of the state 
may collect the same, with interest as provided by law, by an 
action of debt in the name of the state. Such action shall be 
brought in the supreme judicial court in the county where such 
unorganized townships are located, and the attorney general 
may begin and prosecute such actions when thereto requested by 
the treasurer of the state. P. L. 1909 c. 218, § 1. 

The demand herein provided for shall be sufficient if made by 
a writing mailed to such land owner or his agent at his usual 
post office address. In case such owner resides without the 
state, and has no agent within the state known to the treasurer 
of state, such demand shall be sufficient if made upon the state 
land agent. Such action shall be brought not less than thirty 
days after the giving or mailing of the demand herein provided 
for. The beginning of such action, obtaining execution and col- 
lecting the same shall be deemed a waiver of the forfeiture pro- 
vided by section forty-three of said chapter nine. P. L. of 1909 
c. 218, § 2. 



CHAPTER XXXIIL 



COLLECTOR OF TAXES. 

Annual town meetings shall be held in March and the voters 
shall then choose by a major vote a treasurer and collector of 
taxes. Treasurers and collectors of towns shall not be selectmen 
or assessors, until they have completed their duties as treasurers 
and collectors and had a final settlement with the town. The 
treasurer and collector of taxes of cities and towns may be one 
and the same person. R. S. c. 4, § 12. 



COLLECTOR OF TAXES. 225 

Collectors shall be sworn as similar officers chosen by a town, 
and shall receive the same compensation, unless otherwise agreed. 
R. S. c. 9, § 102. 

If after the choice of the collector of taxes there is a vacancy 
in such office, the municipal officers may fill such vacancy by 
written appointment of a proper person, who shall be summoned 
by the constable to appear and take the oath of office as pro- 
vided in section twenty-five of chapter four of the revised 
statutes. R. S. c. 4, § 15. 

The municipal officers of towns shall require the treasurer 
thereof to give bond, with sufficient sureties, for faithful per- 
formance of the duties of his office, and if he neglects or refuses, 
it shall be deemed a refusal to accept the office, and the town 
shall proceed to a new choice, as in case of vacancy. R. S. c. 4, 
§19. 

Form of Bond. 

Know all men by these presents, that we, A. B., of , in the county of 

, as principal, and C. D. and E. F., of said , as sureties, are held 

and firmly bound unto the inhabitants of said town of , in the sum of 

dollars; to which payment, well and truly to be made, we bind our- 
selves, our heirs and executors, by these presents. Witness our hands and 

seals, this day of , A. D. 19 — . 

The condition of this obligation is such, that whereas the said A. B., 
treasurer of said town, has been appointed collector of taxes of said town, 
for the year 19 — ; now, if the said A. B. shall well and faithfully discharge 
all the duties of said office, then this obligation to be void; otherwise, to 
remain in full force and virtue. 

A. B. [Seal.] 
C. D. [Seal.] 
E. F. [Seal.] 

Every collector of taxes shall once in two months at least 
exhibit to the municipal officers, or where there are none, to the 
assessors of his town, a just and true account of all moneys 
received on taxes committed to him, and produce the treasurer's 
receipts for money by him paid ; and for neglect, he forfeits to 
the town two and a half per cent on the sums committed to him 
to collect. R. S. c. 10, § 35. 

The penalty imposed cannot be interposed by way of recoup- 
ment in defense to an action, by a collector of taxes to recover 
of the town his agreed compensation for collecting the town's 
taxes. 84 Me. 431. 

15 



226 COLLECTOR OF TAXES. 

Any collector of taxes, or his executor or administrator, may, 
after demand for payment, sue in his own name for any tax, in 
an action of debt, and no trial justice or judge of any municipal 
or police court before whom such suit is brought, is incompetent 
to try the same by reason of his residence in the town assessing 
said tax. Where before suit the person taxed dies or removes 
to any other town, parish or place in the state, or, being an 
unmarried woman, marries, the aforesaid demand is not requisite, 
but the plaintiff shall recover no costs unless payment was 
demanded before suit. R. S. c. 10, §27; 50 Me. 377 ; 61 Me. 
546; 77 Me. 55, 410; 82 Me. 156 ; 83 Me. 532; 86 Me. 365; 
89 Me. 578. 

A collector of taxes cannot compel payment by suit, except in 
those cases in which the statute expressly confers that right. 
An action cannot be maintained by a town collector, upon a 
promise to pay him a tax, in consideration that he will forbear 
to collect the same in the manner required by law, although 
by such neglect he becomes liable to account for the tax and 
actually pays it to the town. 50 Me. 376. 

In order for a collector of taxes to maintain an action under 
the foregoing section he must show that he made a demand on 
the defendant for his taxes, so formal and explicit that the 
defendant would know that a suit might follow if he neglected 
to comply with the demand. A written request mailed to the 
person taxed is not sufficient. It should be a personal demand, 
made by the collector or some authorized agent, unless such a 
demand be excused by the absence of the debtor from home or 
by some other good reason. 77 Me. 54. 

In an action against a tax-payer the plaintiffs cannot recover 
costs in the absence of proof of a demand made upon the defend- 
ant before action brought. 82 Me. 152. 

An action may be maintained in the name of the collector of a 
village corporation. Such officer is included in the foregoing 
section. 83 Me. 530. 

It is the duty of the tax collectors to collect, ordinarily at 
their own expense, the taxes committed to them for the compen- 
sation agreed upon. They may proceed by any of the methods 
provided by statute, and, if they deem it advisable, they may 
commence actions of debt in their own name. But there may 
be occasions when for special reasons, such as the denial of liabil- 
ity, a question as to the validity of the assessment and for other 
reasons, it would be equitable and proper for the city or town to 



COLLECTOR OF TAXES. 227 

allow a suit to be brought in its name, pay the expenses and be 
liable for costs in case of defeat. As to the sufficiency of these 
reasons in any case, the selectmen of the town are the sole 
judges. If they see fit they may in writing direct an action of 
debt to be commenced in the name of such city or of the inhabit- 
ants of such town or plantation against the party liable. 86 
Me. 365. 

It is essential to show demand as well as a legal tax. Failures 
to do either, and the verdict would be the same. Both allega- 
tions in the declaration must be established to make out a prima 
facie case. 89 Me. 579. 

The lien on real estate created by section three of chapter 
nine may be enforced in the following manner, provided, however, 
that in the inventory and valuation upon which the assessment 
is made, there shall be a description of the real estate taxed, 
sufficiently accurate to identify it. Any officer to whom a tax 
has been committed for collection, except a collector appointed 
under section ninety, may, after the expiration of eight months 
from the date of commitment to him of said tax, give to the per- 
son against whom said tax is assessed, or leave at his last and 
usual place of abode, if then a resident of the town where said 
real estate lies, a notice in writing signed by said officer, stating 
the amount of such tax, describing the real estate on which the 
tax is assessed, and demanding the payment of such tax within 
ten days after service of such notice. After the expiration of 
said ten days, in case of a resident, and in all cases within one 
year after the date of commitment to him of said tax, such 
officer may bring an action of debt for the collection of said tax, 
in his own name, in the county where the land lies, against the 
person against whom said tax is assessed. Such action shall be 
begun by writ of attachment commanding the officer serving it 
to specially attach the real estate upon which the lien is claimed, 
which shall be served as other writs of attachment to enforce 
liens on real estate. The declaration in such action shall con- 
tain a statement of such tax, a description of the real estate 
contained in said notice, and an allegation that a lien is claimed 
on said real estate to secure the payment of the tax. If no serv- 
ice is made upon the defendant, or if it shall appear that other 
persons are interested in such real estate, the court shall order 
such further notice of said action as appears proper, and shall 
allow such other persons to become parties thereto. If it shall 
appear upon trial of said action that such tax was legally 
assessed on said real estate, and is unpaid, and that there is an 



228 COLLECTOR OF TAXES. 

existing lien on said real estate for the payment of such tax, 
judgment shall be rendered for such tax, interest and costs of 
suit against the defendants and against the real estate attached, 
and execution issued thereon to be enforced by sale of such real 
estate in the manner provided for a sale on execution of real 
estate attached on original writs. Provided, however, that when 
the officer sells the real estate on such execution he shall sell 
the least undivided fractional part thereof that any person bid- 
ding will take, and pay the amount due on the execution with 
all necessary charges of sale ; and he shall convey by his deed to 
the purchaser such part so sold to him, subject to redemption 
according to law, and the deed shall be construed to convey the 
right of entry and seizin in such part in common and undivided 
of such property assessed. In all actions brought in the supreme 
judicial and superior courts under the provisions of this section 
or of sections ninety-three or ninety-five, full costs shall be 
recovered notwithstanding the amount of the judgment be 
twenty dollars or less. Any person interested in said real estate 
may redeem the same at any time within one year after the sale 
of the same by the officer on such execution, by paying the 
amount of such judgment and all costs on such execution with 
interest at the rate of ten per cent a year. This section shall 
not affect any other provision of law for the enforcement and 
collection of taxes upon real estate. R. S. c. 10, § 28; 89 Me. 
337, 384. 

In addition to other provisions for the collection of taxes 
legally assessed, the mayor and treasurer of any city, the select- 
men of any town, and the assessors of any plantation to which a 
tax is due, may in writing direct an action of debt to be com- 
menced in the name of such city or of the inhabitants of such 
town or plantation, against the party liable ; but no such defend- 
ant is liable for any costs of suit, unless it appears by the decla- 
ration and by proof, that payment of said tax had been duly 
demanded before suit. And no execution shall run against the 
body of any person issued on a judgment recovered for the col- 
lection of any poll tax. R. S. c. 10, §65; 66 Me. 198 ; 67 Me. 
261; 70 Me. 304; 71 Me. 404; 74 Me. 283-4; 76 Me. 550; 
78 Me. 278; 79 Me. 183; 82 Me. 157; 83 Me. 229; 84 Me. 
505; 86 Me. 318, 364; 87 Me. 361 ; 89 Me. 154, 578, 582; 90 
Me. 182. 



COLLECTOR OF TAXES. 229 

Form of Order for Action of Debt for Collection of Taxes: 

Town of . , 19—. 

To , of : 

You are hereby directed to commence in the name of the city of [or 

inhabitants of the town of , or plantation] an action of debt against 

, of , for the collection of taxes legally assessed against said , as 

follows: [State the facts.] 

, ) Mayor and Treasurer of the City of . 

, > [Selectmen of the Town of .] 

, ) [Or Assessors of Plantation.] 



(Note : As it is necessary for the maintenance of an action 
under the foregoing section to prove that written direction to 
bring suit has been given the writ must allege that such written 
direction has been given. 89 Me. 156, 582.) 

If an action be brought under this act, it must be regarded as 
a waiver of procedure by arrest or distraint; that resort cannot 
be had to both processes at the same time. This is an addi- 
tional, not a concurrent remedy. 67 Me. 260. 

The only remedy which a person, who is a taxable inhabitant 
in the place where he is assessed, has for obtaining relief from 
an assessment for personal property which he does not own, is 
by a petition to the assessors with the right of appeal from them 
to the county commissioners ; if sued for the taxes under the 
foregoing provision and he has obtained no abatement from 
assessors or commissioners, the defense is not open to him. 79 
Me. 183. 

Where a person is sued for his taxes, he cannot defeat the 
suit upon the ground that the recorded list of assessments, upon 
which his assessment appears, is not signed by the assessors ; the 
papers in the collector's hands are sufficient proof of the assess- 
ment. The neglect of assessors to certify an assessment of the 
state tax, as required by statute, is merely an omission to observe 
a directory order which the law may overlook without injury to 
anyone ; it does not render an assessment void ; it may be sup- 
plied by amendment, if necessary. 

It is a general rule that an illegal provision in a warrant, sep- 
arable from its other provisions, will not vitiate the instrument, 
unless the direction is acted upon. An unauthorized mandate 
in the warrant to a collector to collect interest on the assess- 
ments, not enforced or attempted to be, does not affect in other 
respects the validity of the warrant. 79 Me. 183. 



230 COLLECTOR OF TAXES. 

In an action of debt to recover a tax assessed upon personal 
property, it is a material averment that the defendant was an 
inhabitant of the plaintiff town, and it is encumbent upon the 
plaintiff to establish it by competent evidence. 83 Me. 228. 

At the trial of any action for the collection of taxes, or of 
any action at law or in equity involving the validity of any sale 
of real estate for non-payment of taxes, if it shall appear that the 
tax in question was lawfully assessed, the court may permit the 
collection or other officer to amend his record, return or deed in 
accordance with the fact, when circumstantial errors or defects 
appear therein ; provided, that the rights of third parties are not 
injuriously affected thereby. And if a deed be so amended, and 
the amended deed be thereupon recorded, it shall have the same 
effect as if it had been originally made in its amended form. 
R. S. c. 10, § 29. 

If a person assessed in accordance with the provisions of 
chapter ten of the revised statutes for twelve days after demand 
refuses or neglects to pay his tax and to show the constable or 
collector sufficient goods and chattels to pay it, such officer may 
arrest and commit him to jail, until he pays it, or his discharge 
bylaw. R. S. c. 10, § 20 ; 19 Me. 328; 47 Me. 172; 49 Me. 
430; 61 Me. 556; 71 Me. 406. 

If the assessors think that there are just grounds to fear that 
any person so assessed may abscond before the end of said twelve 
days, the constable or collector may demand immediate payment, 
and on refusal, he may commit him as aforesaid. R. S. c. 10, 
§ 21. 

When a tax is made payable by instalments, and any person, 
who was an inhabitant of the town at the time of making such 
tax, and assessed therein, is about to remove therefrom before 
the time fixed for any payment, the collector or constable may 
demand and levy the whole tax, though the time for collecting 
any instalment has not arrived ; and in default of payment he 
may distrain for it, or take the course provided in section 
twenty. R. S. c. 10, § 22. 

When new constables or collectors are chosen and sworn 
before the former officers have perfected their collections, the 
latter shall complete the same, as if others had not been chosen 
and sworn. R. S. c. 10, § 23. 

For non-payment of taxes, the collector or constable may dis- 
train the shares owned by the delinquent in the stock of any 



COLLECTOR OF TAXES. 231 

corporation ; and the same proceedings shall be had as when like 
property is seized and sold on execution. R. S. c. 10, § 24. 

The proper officer of such corporation, on request of such 
constable or collector, shall give him a certificate of the shares 
or interest owned by the delinquent therein, and issue to the pur- 
chaser certificates of such shares according to the by-laws of 
the corporation. R. S. c. 10, § 25. 

When a person taxed in a town in which he was living at the 
time of assessment, removes therefrom before paying his tax, 
such constable or collector may demand it of him in any part of 
the state, and, if he refuses to pay, may distrain him by his 
goods, and for want thereof may commit him to the jail of the 
county where he is found, to remain until his tax is paid ; and 
he shall have the same power to distrain property and arrest the 
body in any part of the state, as in the place where the tax is 
assessed. R. S. c. 10, § 26. 

Any person arrested or imprisoned on a warrant for the col- 
lection of a public tax, and every constable, collector or deputy 
sheriff, arrested or imprisoned for default in collecting taxes 
committed to him, has the privileges, and is subject to the obli- 
gations of this chapter, as if arrested or imprisoned on execution 
for debt ; and for all purposes relating thereto, the assessors of 
the town for the time being where the tax was assessed, shall be 
deemed the creditors, and corresponding verbal alterations shall 
be made in the oath and certificate of discharge; but nothing 
herein exempts any property from distress for taxes, except those 
implements, tools and articles of furniture which are exempt 
from attachment for debt. R. S. c. 114, § QQ ; 19 Me. 326 ; 39 
Me. 346 ; 73 Me. 283. 

An order drawn by the selectmen in favor of the collector for 
certain abatements of taxes, is not to be considered an abatement 
which is to enure to the benefit of those named in the order, 
they not being parties to the drawing of the same ; but is a mere 
order to the treasurer to release the collector in his settlement 
with him from accounting for the several sums specified in said 
order. 19 Me. 322. 

A poor debtor's bond given to obtain a release from an arrest 
for taxes should run to those persons who were assessors of the 
town at the time the arrest was made, to be a valid statute bond ; 
but if it run to those persons who were assessors at the time the 
tax was assessed, it will be a valid bond at common law. 73 
Me. 282. 



232 COLLECTOR OF TAXES. 

When the owner of improved lands living in this state, but 
not in the town where the estate lies, is taxed, and neglects for 
six months after the lists of assessment are committed to an 
officer for collection, to pay his tax, such officer may distrain 
him by his goods and chattels, and for want thereof may commit 
him to jail in the county where he is found. R. S. c. 10, § 32; 
25 Me. 362; 47 Me. 172 ; 74 Me. 284. 

When the owner or possessor of goods, wares and merchandise, 
logs, timber, boards and other lumber, stock in trade, including 
stock employed in the business of any of the mechanic arts, 
horses, mules, neat cattle, sheep or swine, resides in any other 
town than the one in which such personal property is kept and 
taxed, the constable or collector having a tax on any such prop- 
erty for collection, may demand it of such owner or possessor in 
any part of the state, and on his refusal to pay, may distrain 
him by his goods, and for want thereof, may commit him to jail 
in the county where he is found, until he pays it, or is discharged 
by law. R. S. c. 10, § 33. 

When a person imprisoned for not paying his tax, is dis- 
charged, the officer committing him shall not be discharged 
from such tax without a vote of the town, unless he imprisoned 
him within one year after the taxes were committed to him to 
collect. R. S. c. 10, § 63; 61 Me. 557; 82 Me. 44. 

A town canrtot by vote increase, diminish or vary the duties 
which the tax collector owes to the public, nor relieve him in 
case of his neglect, except in the very few cases where the stat- 
ute so provides. There is an implication, perhaps, in the above 
section, that the town may relieve a collector who has made a 
fruitless arrest after one year. In general, the negligent officer 
is dealt with, not by the town, but by other public officers 
clothed with authority for that purpose. 82 Me. 44. 

A collector is not entitled to anything for committing a debtor 
after one year from the time the tax is committed to him. 61 
Me. 552. 

In case of distress or commitment for non-payment of taxes, 
the officer shall have the same fees which sheriffs have for levy- 
ing executions, except that travel, in case of distress, shall be 
computed only from the dwelling-house of the officer to the 
place where it is made. R. S. c. 10, § 12. 

For commitments for non-payment of taxes, the officer shall 
have the same fees as for levying executions, but his travel shall 



COLLECTOR OF TAXES. 233 

be computed only from his dwelling-house to the place of com- 
mitment. R. S. c 10, § 64. 

When an officer appointed to collect assessments by virtue of 
a warrant, for want of property arrests any person and commits 
him to jail, he shall give an attested copy of his warrant to the 
jailer, and certify, under his hand, the sum that he is to pay as 
his tax and the costs of arresting and committing, and that for 
want of goods and chattels whereon to make distress, he has 
arrested him ; and such copy and certificate are a sufficient war- 
rant to require the jailer to receive and keep such person in 
custody, until he pays his tax, charges, and thirty-three cents 
for the copy of the warrant ; but he shall have the rights and 
privileges, mentioned in section fifty-four. R. S. c. 10, § 61 ; 
71 Me. 406; 77 Me. 24. 

When a person, committed for non-payment of taxes due to 
the state or county, is discharged by virtue of any statute for 
the relief of poor prisoners confined in jail for taxes, the town 
whose assessors issued the warrant by which he was committed 
shall pay the whole tax required of it. R. S. c. 10, § 62. 

Any collector impeded in collecting taxes, in the execution of 
his office, may require proper persons to assist him in any town 
where it is necessary, and any person refusing when so required, 
shall, on complaint, pay not exceeding six dollars at the dis- 
cretion of the justice before whom the conviction is had, if it 
appears that such aid was necessary ; and on default of payment, 
the justice may commit him to jail for forty-eight hours. R. S. 
c. 10, § 34. 

Nothing in the preceding sections extends to sales made by 
sheriffs, deputy sheriffs, coroners, constables, tax collectors, 
executors or administrators, or any other person authorized to 
sell goods, chattels or lands, by order of any court or judge of 
probate. R. S. c. 36, § 8. 

Every collector or constable, required to collect taxes, shall 
receive a warrant from the selectmen or assessors of the kind 
hereinbefore mentioned, and shall faithfully obey its directions. 
R. S. c. 10, § 13. 

A warrant may be effective if it does not follow strictly the 
form prescribed by the statute. If it be "in substance" con- 
formable to the law, that will be sufficient. 3 Me. 301. 

Where a tax bill was not signed b}^ the assessors it was Held, 
that the collector did not have sufficient authority to collect it. 
4 Me. 72. 



234 COLLECTOE OF TAXES. 

Where a collector's bond recites that he was duly chosen and 
was conditioned for the faithful discharge of his duty, it was 
Held, that in an action on the bond for failure to pay over 
moneys collected, the sureties were estopped from setting up as 
a defense that the meeting which elected the collector was not 
legally held. 8 Me. 334. 

An agreement between a town and one of its inhabitants that 
he should collect the taxes for a fixed compensation on being 
chosen sole collector and constable, performed on the part of 
the town, is a legal contract and binding on the collector. 15 
Me. 28. 

The collector is bound to obey a warrant in due form and 
issuing from the assessors, though they may not have complied 
with every requisition of law anterior to issuing it. 20 Me. 199. 

The collector of taxes of a town has the same powers and is 
under the same obligations to collect school district taxes as in 
cases of town taxes. 31 Me. 272. 

A warrant containing no terms giving authority to distrain or 
commit is defective and a clause purporting to extend to it the 
powers granted in a previous one to the same person in due 
form, would give no greater authority than would a similar ref- 
erence to the section of the statute from which all power in the 
premises is derived. 41 Me. 538. 

Defects in a warrant or tax list may be a good reason for not 
executing the warrant, but a collector having collected money 
without objection by the tax-payers is liable to account therefor. 
44 Me. 49. 

Where the same person was collector of taxes for several suc- 
cessive years and failed to pay over or account for a portion of 
the taxes committed to him the first year, moneys collected and 
paid over by him arising from taxes of subsequent years cannot 
be appropriated to make up the deficiency of the first year, so as 
to affect the relative rights and duties of sureties on his several 
bonds. 47 Me. 515. 

The assessors shall require such constable or collector to give 
bond for the faithful discharge of his duty, to the inhabitants of 
the town, in such sum, and with such sureties, as the municipal 
officers approve ; and bonds of collectors of plantations shall be 
given to the inhabitants thereof, approved by the assessors, with 
like conditions. R. S. c. 10, § 14 ; 1 Me. 250 ; 3 Me. 301 ; 4 
Me. 75; 8 Me. 341 ; 15 Me. 28, 29; 20 Me. 202; 31 Me. 281 ; 



COLLECTOR OF TAXES. 235 

41 Me. 538 ; 44 Me. 50 ; 47 Me. 518 ; 50 Me. 40, 351 ; 53 Me. 
254; 55 Me. 501; 57 Me. 62; 61 Me. 555; 64 Me. 403 ; 68 
Me. 161, 162 ; 69 Me. 334, 369 ; 73 Me. 181. 

See decisions under chapter on Collection of Taxes. 

Such bond shall, after its approval and acceptance, be 
recorded by the clerk, in the town or plantation records, and 
such record shall be prima facie evidence of the contents of 
such bond, but a failure to so record shall be no defense in any 
action upon such bond. R. S. c. 10, § 15. 

When a tax is paid to a collector or constable, he shall give a 
receipt therefor on demand ; and if he neglects or refuses so to 
do, he forfeits five dollars to the aggrieved party, to be recov- 
ered in an action of debt. R. S. c. 10, § 16. 

All plantations, required to pay any portion of the public 
taxes, have all the powers of towns so far as relates to the 
choice of constables and collectors and the requiring bonds 
from them. R. S. c. 10, § 17. 

If a person refuses to pay any part of the tax assessed against 
him in accordance with this chapter, the person whose duty it is 
to collect the same, may distrain him by any of his goods and 
chattels not exempt, for the whole or any part of his tax, 
and may keep such distress for four days at the expense of the 
owner, and if he does not pay his tax within that time, the 
distress shall be openly sold at vendue by the officer for its pay- 
ment. Notice of such sale shall be posted in some public place 
in the town, at least forty-eight hours before the expiration of 
said four days. R. S. c. 10, § 18. 

A collector of taxes legally qualified, acting within the scope 
of his powers, under a warrant from competent authority, may 
justify thereby the seizure and sale of the propert}^ of such 
delinquents as refuse to pay the taxes assessed against them. 
His justification will not fail by reason of any errors in the 
assessment or in the proceedings of the town, at the meeting at 
which he was chosen. And the return of his doings, upon the 
warrant, is prima facie evidence of the facts therein stated. 40 
Me. 526. 

If a collector of taxes keeps property, which he has seized on 
his warrant, beyond the time within which it could be legally 
sold, he thereby becomes a trespasser ab initio ; and the owners 
may replevy it. 49 Me. 356. 



236 COLLECTOR OF TAXES. 

The collector has no authority to sell any additional articles 
after enough have been sold to pay the tax committed to him 
and the expense of the sale. If he does so he does not become 
a trespasser ah initio as to any article seized except such as he 
has sold in excess of his authority. His warrant protects him 
so far as he has not exceeded or abused its authority. 61 
Me. 400. 

Inasmuch as a collector's warrant protects him against all 
illegalities but his own, proof of errors in the assessment of a 
tax cannot be considered in a suit against one entrusted with its 
collection. 62 Me. 459. 

A collector is not bound to keep or sell distrained property 
within the limits of the town in which it is first seized by him. 
62 Me. 459. 

It is no objection to the legality of the collector's proceedings 
that one of the four days during which he kept the distress was 
Sunday. 62 Me. 459. 

The officer, after deducting the tax and expense of sale, shall 
restore the balance to the former owner, with a written account 
of the sale and charges. R. S. c. 10, § 19. 

The return of the collector of taxes upon his warrant, of his 
proceedings on the distrain and sale of chattels for the payment 
of taxes, is prima facie evidence of his having tendered to the 
former owner the overplus arising from such sale beyond the 
amount of the tax and charges. 17 Me. 100. 

If the collector receives a surplus of money upon the sale of 
property for a tax and omits to render to the owner a written 
account of the sale and charges, he is a trespasser ah initio, 
32 Me. 557. 

A collector is liable in trespass if he sells upon his warrant a 
greater number of the chattels than sufficient to pay the tax, 
with the fees and charges. 32 Me. 559. 

A collector who after selling a distress, fails to restore the 
balance to the former owner, after deducting the unpaid taxes 
and legal expenses of sale, is a trespasser ah initio 59 Me. 296. 

If such collector or constable refuses to deliver the bills of 
assessment, and to pay all moneys in his hands collected by him, 
when duly demanded, he forfeits two hundred dollars to the town 
or parish, as the case may be, and is liable to pay what remains 
due on said bills of assessment. R. S. c. 10, § 37 ; 57 Me. 62. 



COLLECTOR OF TAXES. 237 

In general, a collector of taxes becomes chargeable for all 
taxes committed to him, in respect to which he has not 
exhausted his authority to enforce payment during the period 
allotted for their collection, if the town insist upon his liability, 
and require payment from him. It is no defense to a suit on a 
collector's bond for such delinquency, and that the individuals 
against whom said taxes were assessed were not, at any time 
after the tax bills were placed in his bands, of sufficient ability 
to pay the same, and that a levy of a warrant of distress upon 
them would have been unavailing. 57 Me. 62. 

When the tax of any person named in said assessment does 
not thereby appear to have been paid, but such person declares 
that it was paid to the former collector, the new collector shall 
not distrain or commit him, without a vote of such town or 
parish first certified to him by its clerk. R. S. c. 10, § 57 ; 
57 Me. 62. 

When a collector having taxes committed to him to collect, 
has removed ; or in the judgment of the municipal officers, 
assessors, or treasurer of a town, or committee or treasurer of a 
parish, is about to remove from the state before the time set in 
his warrant to make payment to such treasurer ; or when the 
time has elapsed, and the treasurer has issued his warrant of dis- 
tress ; in either case, said officers or committee, may call a meet- 
ing of such town or parish, to appoint a committee to settle with 
him for the money that he has received on his tax bills, to 
demand and receive of him such bills, and to discharge him 
therefrom ; said meeting may elect another constable or collector, 
and the assessors shall make a new warrant and deliver it to him 
with said bills, to collect the sums due thereon, and he shall 
have the same power in their collection as the original collector. 
R. S. c. 10, § 36 ; 57 Me. 62 ; 62 Me. 461 ; 82 Me. 45. 

When towns choose collectors, they may agree what sum shall 
be allowed for performance of their duties. R. S. c. 10, §11. 

The collector of a town, to whom has been committed a tax 
upon the stock of any bank or other corporation, except a manu- 
facturing corporation or corporation mentioned in section twenty- 
six, shall, within thirty days after the bills of assessment are 
delivered to him, cause a written notice to be delivered to the 
cashier or president thereof, stating the description of stock 
taxed, to whom assessed, if stated in the bills, and the tax 
thereon. No dividend shall be paid on such stock after such 
notice until the tax and all costs thereon are paid. The cashier 



238 COLLECTOR OF TAXES. 

or treasurer may pay such tax, and payment shall constitute a 
charge in offset against any dividend thereon. Should such tax 
remain unpaid for ninety days after such notice, the collector 
may sell such stock in the manner specified in sections twenty- 
four and twenty-five of chapter ten. For the purpose of collect- 
ing taxes on bank or other stock, collectors may act in any 
town. R. S. c. 9, § 33 ; 103 Me. 418. 

All county taxes hereafter assessed shall be collected by the 
collectors or constables of the several towns and paid by them 
to the treasurers of their respective towns as other taxes are 
paid. Said treasurers shall pay such taxes to the county treas- 
urers of their respective counties. R. S. c. 10, § 6. 

If the proceeds of such sale do not satisfy such sum and legal 
charges, the treasurer who issued the warrant, shall issue an 
alias warrant for the sum remaining due ; and the officer execut- 
ing it shall arrest such deficient officer, and proceed as on 
an execution for debt ; and such deficient officer shall have the 
same rights and privileges as a debtor arrested or committed on 
execution in favor of a private creditor. R. S. c. 10, § 54. 

The assessors having written notice from such treasurer of the 
failure of their constable or collector, shall forthwith, without 
any further warrant, assess the sum so due upon the inhabitants 
of their town as the sum so committed was assessed, and commit 
it to another constable or collector for collection ; and if they 
neglect, the treasurer of state shall issue his warrant against 
them for the whole sum due from such constable or collector, 
which shall be executed by the sheriff or his deputy, as other 
warrants issued by such treasurer. If after such second assess- 
ment, the tax is not paid to the treasurer within three months 
from the date of its commitment, the treasurer may issue his 
warrant to the sheriff of the county requiring him to levy it on 
real and personal property of any inhabitants of the town, as 
hereinbefore provided. R. S. c. 10, § 45 ; 69 Me. 458. 

When plantations neglect to choose constables or collectors, 
or those chosen and accepting their trust neglect their duty, such 
plantations shall be proceeded against as in the case of deficient 
towns ; and such deficient constables or collectors are liable to 
the same penalties, and shall be removed in the same manner, as 
deficient constables and collectors of towns. R. S. c. 10, § 59. 

If a deficient constable or collector has no estate which can be 
distrained, and his person cannot be found within three months 
after a warrant of distress issues from the treasurer of state, or, 



COLLECTOR OF TAXES. 239 

if being committed to jail, be does not within three months sat- 
isfy it, his town shall, within three months more, pay to the state 
the sums due from him. R. S. c. 10, § 44. 

When the collector is a defaulter and has not paid the state 
tax, the town may advance the balance of the state tax deficit 
to the state treasurer. The collector and sureties are liable for 
such advance. 69 Me. 451. 

Such deficient collector or constable shall at all times be 
answerable to such inhabitants for all sums which they have 
been obliged to pay by means of his deficiency, and for all con- 
sequent damages. R. S. c. 10, § 46. 

The treasurer of state shall issue a warrant of distress, signed 
by him, against any constable or collector to whom a tax has 
been committed for collection, who is negligent in paying into 
the public treasury the money required within the time limited 
by law ; and shall direct it to the sheriff of the county in which 
such negligent officer lives, or to his deputy, returnable in sixty 
days from its date, to cause the sum due to be levied, with inter- 
est from the day fixed for payment, and fifty cents for the 
warrant, by distress and sale of such deficient officer's real or 
personal estate, returning any overplus that there may be, and 
for want thereof, to commit him to jail until he pays it ; and the 
sheriff shall obey such warrant. Warrants not satisfied may be 
renewed for the amount unpaid, and shall be of like validity and 
executed in like manner. R. S. c. 10, §41; 19 Me. 374; 69 
Me. 458; 74 Me. 410; 82 Me. 45. 

When the time for collecting a state tax has expired, and it is 
unpaid, the treasurer of state shall, at the request of the munici- 
pal officers of any town, issue his execution against the collector 
thereof. R. S. c. 10, § 42; 82 Me. 45. 

If a collector of any town fails to pay the county tax for forty 
days after the time fixed therefor, the county treasurer shall 
issue his warrant against him in due form of law, returnable in 
three months from its date, directed to the sheriff or his deputy, 
requiring him to collect the tax, with six per cent interest 
thereon from the time it was payable, fifty cents for the warrant, 
and his own legal fees. R. S. c. 10, § 43. 

If a collector or constable of a town or parish dies without 
settling his accounts of taxes committed to him to collect, his 
executor or administrator, within two months after his accept- 
ance of the trust, shall settle with such assessors for what was 
received by the deceased in his lifetime; with the amount so 



240 COLLECTOR OF TAXES. 

received, such executor or administrator is chargeable as the 
deceased would be if living ; and if he fails so to settle, when he 
has sufficient assets in his hands, he shall be chargeable with the 
whole sum committed to the deceased for collection. R. S. c. 
10, § 47. 

When any constable or collector of taxes is taken on execu- 
tion under this chapter, the assessors may demand of him a true 
copy of the assessments, which he received of them and then has 
in his hands unsettled, with the evidence of all payments made 
thereon ; and if he complies with this demand, he shall receive 
such credit as the assessors, on inspection of the assessment, 
adjudge him entitled to, and account for the balance ; but if he 
refuses, he shall forthwith be committed to jail by the officer 
who so took him, or by a warrant from a justice of the peace, to 
remain there until he complies ; and the assessors shall take and 
use copies of the record of assessments instead of the copies 
demanded of him. R. S. c. 10, §55; 62 Me. 461. 

The same town or parish may, at any time, proceed to the 
choice of another collector, to complete the collection of the 
assessments, who shall be sworn and give the security required 
of the first collector ; and the assessors shall deliver to him the 
uncollected assessments, with a proper warrant for their collec- 
tion, and he shall proceed as before prescribed. R. S. c. 10, § 
56; 51 Me. 62; 62 Me. 461. 

The collector or constable, and the town treasurer, or treas- 
urer and collector, if one person is both, each have the same 
powers and are subject to the same duties and obligations in 
relation to free high school precinct taxes, as to town taxes ; 
and they and the assessors shall be allowed by the precinct for 
their services, a compensation proportionate to what they receive 
from the town for similar services. R. S. c. 15, § 70 ; 31 Me. 
281; 41 Me. 247; 67 Me. 240. 

When a constable or collector of taxes dies, becomes insane, 
has a guardian, or by bodily infirmities is incapable of perform- 
ing the duties of his office before completing the collection, the 
municipal officers may demand and receive the tax bills of any 
person in possession thereof, and deliver them to the new col- 
lector. R. S. c. 10, § 38 ; 62 Me. 461 ; 75 Me. 248 ; 82 Me. 45 ; 
87 Me. 222. 

A town collector failed to collect a portion of the taxes com- 
mitted to him. Among the uncollected were taxes upon per- 
sons and personal property which were properly assessed, and 



COLLECTOR OF TAXES. 241 

also a large amount of taxes upon real estate, assessed under 
defective and illegal descriptions. The collector complained 
that, by this insufficient assessment of such real estate, he was 
deprived of one mode or arm of power by which the collection 
of that portion of the taxes could be enforced. This fact, after 
the collector has received a portion of both the legal and illegal 
taxes, does not excuse him from a further collection of the legal 
taxes remaining unpaid. When the collector accepts a warrant 
with the bills of assessment, and collects a portion of the taxes, 
he is under legal obligation to collect of the remainder so much 
as are legally assessed. If the rule is otherwise, it might just 
as well be decided that collectors may collect taxes or not, as 
they please ; for we well know that scarcely a city or town in 
this state, if even one, has ever placed in the hands of its col- 
lectors perfect assessments upon all its real estate. Certainly, a 
sound public policy will not allow a collector to proceed so far 
as to gather all the taxes which may be obtained readily and 
easily, and receive his commission upon them, and refuse to col- 
lect the rest of the taxes legally assessed. 75 Me. 246. 

The real relation between the collector and the town is that 
of principal and agent. The agent need not enter upon the 
work assigned to him, if there be any reasonable objection to it. 
But entering upon the execution of his duties, he has no right 
to leave those duties half performed. He is excusable for non- 
collection, only so far as the town fails to furnish him full and 
sufficient means with which to enforce collection. The col- 
lector cannot dictate as to what persons or what property shall 
be assessed. He takes his chances as to that. His compensa- 
tion is regulated accordingly. If property is omitted from 
assessment, it is no concern of his. If real estate is defectively 
assessed, it can make no stronger case for him than if not taxed 
at all. Property illegally taxed may well be regarded as in the 
condition of property omitted from taxation. So, assessors may 
make new assessments sometimes : may abate assessments under 
some circumstances ; may correct errors in both warrants and 
assessments in some cases ; and none of these steps taken by 
the assessors will exonerate a collector from the performance 
of the duties undertaken by him. 75 Me. 247. 

A collector cannot be obliged to act under an illegal warrant, 
nor has he all the means furnished by law to collect a tax upon 
real estate when such estate is not properly and sufficiently 
described. But so far as taxes are concerned which he has full 

16 



242 COLLECTOR OF TAXES. 

and legal power to collect, if he enters upon a discharge of his 
official duties, he should complete those duties at least to the 
extent of the power conferred. 75 Me. 248. 

The town cannot by vote increase, diminish or vary the 
duties which the tax collector owes to the public, nor relieve 
him in case of his neglect, except in the very few cases where 
the statute so provides. There is an implication, perhaps, in 
the revised statutes, that the town may relieve a collector w T ho 
has made a fruitless arrest after one year. In general the 
negligent collector is dealt with, not by the town, but by other 
public officers clothed with authority for that purpose. The 
assessors are authorized by statute in certain contingencies to 
take his tax warrant from him. The state, county and town 
treasurers may each issue his warrant of distress against a delin- 
quent Or slothful collector. All these officers proceed, not 
under any vote of the town but independent of it and under 
statute authority. It would be their duty to act when the 
occasion arises, even in spite of a vote of the town. When a 
tax collector has once received a legal tax warrant, he becomes 
chargeable with the whole amount of the tax, state, county and 
town. He must account in money to each treasurer for the 
amount ordered to be paid to him. This liability is not a 
private debt due to the town as a corporation which the 
corporation may release. It is an official liability to the public, 
which he can acquit himself of, only by executing his warrant. 
If he neglects to execute his warrant, his liability to pay to the 
treasurers the amounts due them, is as living and binding as if 
he had collected the money. His payments to the treasurers 
are general, on account of the whole sum ordered to be paid 
each, and not particular, on any individual tax. His warrant 
commands him to pay over a certain gross amount, not any 
particular taxes, to each treasurer. Any money he officially 
pays the treasurer, he pays on account of, and to diminish the 
gross sum, this liability. If he be dilatory his own money or 
property can be taken on a treasurer's warrant of distress, and no 
vote of the town can restrain the treasurer or restore the money. 
If he be dilatory in collecting, and voluntarily pays his own 
money to the treasurer without waiting for the warrant of dis- 
tress to be issued, he only does his official duty, only pays what he 
was bound to pay, and could be compelled to pay. If no vote 
of the town can restrain the treasurer from compelling payment, 
it would seem that no vote of the town can force him to restore 
what has been voluntarily paid him by the collector on account 



COLLECTOR OF TAXES. 243 

of his official liability. In neither case, does the collector 
acquire any right to repayment from his subsequent omission to 
collect of the tax-payer. Without the execution or revocation 
of his warrant, the tax collector seems to have no claim in law, 
morals, or good conscience, either to be excused from failure to 
collect or to receive out of the town treasury sums he has paid 
under his liability, though in anticipation of collection. Such a 
claim on its face, whatever the particular facts, does not come 
within the purview of town meetings. If a town has no power 
to raise money from taxes, to restore a gift voluntarily made to 
the town by one of its citizens, much less has it power to raise 
money from taxes, to restore to a public officer money he has 
paid to the town treasurer under an official obligation to do so. 
82 Me. 45. 

When it appears that such insane or disqualified constable or 
collector had paid to the treasurer a larger sum than he had 
collected from the persons in his list, the assessors in their war- 
rant to such new constable or collector, shall direct him to pay : 
such sum to the guardian of such insane, or to such disqualified 
constable or collector. R. S. c. 10, § 40. 

The collector of taxes for any town upon receiving an appli- 
cation in due form as provided in the preceding section, accom- 
panied by such applicant's state license shall forthwith give 
notice thereof to the assessors of said town. Said assessors, or a 
majority of them, shall as soon as practicable examine the stock 
of goods described in such application, and shall compute and 
certify to said collector the amount of said applicant's local 
license fee for such intended sale in said town which shall be a 
percentage on the full value of said stock of goods equal to the 
rate per cent of the last preceding taxation in said town. The 
payment of said local license fee to said collector shall authorize 
such applicant who has complied with all other requirements of 
law to sell within the limits of said town, such goods, wares and 
merchandise as are described in his application, and for that pur- 
pose to carry in stock in said town, goods only of the kind or 
line specified in his application, and not to exceed in amount at 
any one time the valuation on which his local license fee for 
such town was computed, and to continue in force so long as 
such licensee shall in good faith continuously keep, offer and 
expose for sale the same kind or line of goods specified in his 
application, except that such license and authority shall in any 
event terminate and expire on the first day of April next follow- 
ing the date of application. Any itinerant vendor, who after 



244 COLLECTOR OF TAXES. 

applying or paying for a local license shall increase his stock 
kept, offered or exposed for sale in the town for which such local 
license fee was paid above the valuation on which such local 
license fee was computed, without first making seasonable 
written application to the collector of such town for a supple- 
mental license for such excess of stock shall be fined not less 
than twent}^ nor more than fifty dollars, and for each day such 
excess of stock is kept, offered or exposed for sale without pay- 
ment of local license fee therefor shall be fined not less than 
twenty, nor more than fifty dollars, and forfeits his state license. 
Supplemental licenses shall be applied for, and the fees therefor 
shall be computed, certified and collected in the manner pro- 
vided for local license fees. R. S. c. 45, § 7. 

Every town in which is kept, exposed or offered for sale an 
itinerant vendor's stock of goods has a lien on such goods for 
the amount due such town for local license fee on such stock to 
be enforced by suit and attachment within ten days from the 
time such goods were first publicly offered or exposed for sale in 
such town. When any person liable therefor neglects or refuses 
to pay the local license fee provided in section seven the tax col- 
lector of the town to which such license fee is due may maintain 
an action of debt by writ of attachment or trustee process there- 
for in the name of such town or in his own name, but for the 
benefit of such town. Tax collectors, police officers and con- 
stables shall prosecute for violations of the provisions hereof 
relating to itinerant vendors, in their respective towns, and shall 
report such violations promptly to the assessors for the purpose 
of computing and certifying such local license. R. S. c. 45, § 9. 

If a public officer, collector of taxes, or an agent, clerk or serv- 
ant of a public officer or tax collector, embezzles or fraudu- 
lently converts to his own use, or loans or permits any person to 
have or use for his own benefit without authority of law, any 
money in his possession or under his control by virtue of his 
office or employment by such officer, he is guilty of larceny and 
shall be punished accordingly ; and whoever knowingly receives 
from a public officer, collector of taxes or his clerk, servant or 
agent, with intent to convert the same to his own use without 
authority of law, any money in the possession or under the con- 
trol of such officer by virtue of his office, is guilty of larceny 
and shall be punished accordingly. But the foregoing provis- 
ions in relation to public officers, collector of taxes, their clerks, 
servants or agents, shall not apply to deposits by such officer in 
any bank, nor to any advances made towards the salary of such 



COLLECTOR OF TAXES. 245 

officer, nor to any person in the employment of the state or to 
whom the state is indebted, if the sums advanced do not exceed 
the sum due him. R. S. c. 121, § 8; 62 Me. 108 ; 69 Me. 28, 
364; 70 Me. 265; 90 Me. 144; 95 Me. 183; 101 Me. 158. 

The affidavit of any disinterested person as to posting notifica- 
tions required for the sale of any land to be sold by the sheriff 
or his deputy, constable or collector, in the execution of his 
office, may be used in evidence in any trial to prove the fact of 
notice ; if such affidavit, made on one of the original advertise- 
ments, or on a copy of it, is filed in the registry of the county or 
district where the land lies, within six months. R. S. c. 10, 
§70. 

Organized plantations shall hold their annual meeting in 
March, and choose a clerk, three assessors, treasurer, collector of 
taxes, constable, superintending school committee, one or more 
surveyors of lumber, and two or more fence viewers ; and when 
money is raised for repair of ways and bridges, may choose one 
or three road commissioners, as towns may do. R. S. c. 4, 
§118. 

Assessors of plantations shall be considered the selectmen 
thereof, for the purpose of performing such duties as selectmen 
of towns perform. Treasurers, collectors and constables of 
plantations, shall give such bond as such officers of towns are 
required to give, to be approved in like manner. The valuation 
of property for the assessment of taxes in plantations, as well as 
the assessment, collection and disposal thereof, shall be the same 
as in towns. R. S. c. 4, § 121 ; 20 Me. 298. 

Laws relating to calling, notifying and conducting town meet- 
ings, and to the elections, appointment, qualification, duties, 
powers, compensation, liabilities and penalties for official neglect 
and misconduct of town officers, apply to plantations and their 
officers, so far as applicable thereto, except when specially other- 
wise provided. Voters in plantations are liable to the same pen- 
alties for unlawful voting as voters in towns. R. S. c. 4, § 120. 
BQ Me. 31. 

In July of each year said assessors shall commit the same 
with a warrant in the usual form to a collector of taxes, to be 
elected by said plantation at its annual meeting, or in default 
thereof to be appointed by said assessors, directing him to collect 
and transmit the said state taxes to the treasurer of the state by 
December first next after the date of commitment, and also 
directing him to collect and transmit the said county taxes to the 



246 COLLECTOE OF TAXES. 

county treasurer by December first next after the date of com- 
mitment. R. S. c. 10, § 90. 

Said collector shall give bond to the plantation in such sum 
and with such sureties as the assessors thereof require, and said 
assessors shall agree with him as to his compensation, which 
shall be paid by the plantation. R. S. c. 10, § 91. 

Said collector shall settle with the assessors by the tenth day 
of December of each year, and return to them his collection list, 
showing the amounts received or unpaid on each tax in his list. 
On all such taxes then unpaid, interest shall be added from the 
first day of December preceding at twenty per cent until paid. 
The clerk of the plantation shall record in a book kept for that 
purpose such returned collector's list with the collector's return 
thereon showing the amounts received or unpaid on each tax in 
the list, which record shall be evidence of the facts therein 
stated. R. S. c. 10, § 92. 

Plantations have the same powers and liabilities as towns for 
electing superintending school committees, superintendents of 
schools, treasurers and collectors, and for raising, assessing and 
collecting school money, to be apportioned and expended as in 
towns. The assessors of plantations may take a census of the 
inhabitants thereof, at the expense of the plantation, and when 
so taken, the money raised therein for schools shall be upon the 
basis of such census and not upon the census of the state. 
R. S. c. 15, § 92; 61 Me. 449. 

If any tax assessed on real estate, or on equitable interests 
assessed under section three of chapter nine, remains unpaid on 
the first Monday in February next after said tax was assessed, 
the collector shall sell at public auction so much of such real 
estate or interest as is necessary for the payment of said tax, 
interest and all the charges, at nine o'clock in the forenoon of 
said first Monday in February, at the office of collector of taxes, 
in cities, and at the place where the last preceding annual town 
meeting was held, in towns. In the case of the real estate of 
resident owners, the collector may give notice thereof and of his 
intention to sell so much of said real estate or interest as is nec- 
essary for the payment of said tax and all charges, by posting 
notices thereof in the same manner and at the same places that 
warrants for town meetings are therein required to be posted, 
six weeks before such first Monday in February, designating the 
name of the owner if known, the right, lot and range, the num- 
ber of acres as nearly as may be, the amount of tax due, and 



COLLECTOR OF TAXES. 247 

such other short description as is necessary to render its identifi- 
cation certain and plain. And in the case of taxes assessed on 
the real estate of non-resident owners, he shall cause said notices 
to be published in some newspaper, if any, published in the 
county where said real estate lies, three weeks successively ; 
such publication to begin at least six weeks before said first 
Monday in February ; if no newspaper is published in said 
county, said notices shall be published in like manner, in the 
state paper ; he shall, in the advertisements so published, state 
the name of the town, and if within three years it has been 
changed for the whole or a part of the territory, both the present 
and former name shall be stated ; and that, if the taxes, interest 
and charges are not paid on or before such first Monday in Feb- 
ruary, so much of the estate as is sufficient to pay the amount 
due therefor with interest and charges, will be sold without 
further notice, at public auction, on said first Monday in Febru- 
ary, at nine o'clock in the forenoon, at the office of the collector 
of taxes, in cities, and at the place where the last preceding 
annual town meeting was held, in towns. The date of the com- 
mitment shall be stated in the advertisement. In all cases, said 
collector shall lodge with the town clerk a copy of each such 
notice, with his certificate thereon that he has given notice of 
the intended sale as required by law. Such copy and certificate 
shall be recorded by said clerk and the record so made shall be 
open to the inspection of all persons interested. The clerk shall 
furnish to any person desiring it an attested copy of such record, 
on receiving payment or tender of payment of a reasonable sum 
therefor ; but notices of sales of real estate within any village 
corporation for unpaid taxes of said corporation may be given 
by notices thereof, posted in the same manner, and at the same 
places as warrants for corporation meetings, and by publication, 
as aforesaid. No irregularity, informality or omission in giving 
the notices required by this section, or in lodging copy of any of 
the same with the town clerk, as herein required, shall render 
such sale invalid, but such sale shall be deemed to be legal and 
valid, if made at the time and place herein provided, and in 
other respects according to law, except as to the matter of 
notice. For any irregularity, informality or omission in giving 
notice as required by this section, and in lodging copy of the 
same with the town clerk, the collector shall be liable to any 
person injured therebv. R. S. c. 10, § 73; 30 Me. 3:26 ; 32 Me. 
69; 35 Me. 554; 58" Me. 532, 533; 73 Me. 382; 84 Me. 190, 
377; 89 Me. 337; 95 Me. 124; 1 Me. 307; 12 Me. 378: 26 



248 COLLECTOR OF TAXES. 

Me. 231 ; 30 Me. 229 ; 32 Me. 69 ; 63 Me. 381 ; 70 Me. 279 ; 
74 Me. 284. 

In the trial of any action at law or in equity, involving the valid- 
ity of any sale of real estate for non-payment of taxes, it shall be 
sufficient for the party claiming under it, in the first instance, to 
produce in evidence the collector's or treasurer's deed, duty 
executed and recorded, which shall be prima facie evidence of 
his title, and if the other party claims and offers evidence to 
show that such sale was invalid and ineffectual to convey the 
title, the party claiming under it shall have judgment in his 
favor so far as relates to said tax title, if he then produces the 
assessment, signed by the assessors, and their warrant to the 
collector, and proves that such collector or treasurer complied 
with the requirements of law in selling such real estate ; and in 
all such actions involving the validity of sales made after April 
twenty-six, eighteen hundred and ninety-five, the collector's 
return to the town clerk, the town clerk's record, or if lost or 
destroyed, said clerk's attested copy of such record, as provided 
in section eighty, shall be prima facie evidence of all facts there- 
in set forth. R. S. c. 10, § 87 ; 27 Me. 293; 33 Me. 82; 51 
Me. 600; 57 Me. 517; 58 Me. 392, 396; 59 Me. 346; 61 Me. 
208, 433; 63 Me. 311, 381; 64 Me. 452; 68 Me. 357, 395; 69 
Me. 520, 521 ; 70 Me. 278; 71 Me. 237; 72 Me. 504; 73 Me. 
383, 407 ; 74 Me. 25, 51 ; 84 Me. 379 ; 85 Me. 321 ; 89 Me. 
337; 90 Me. 104. 

The notice for posting, or the advertisement, as the case may 
be, of the collector shall be in substance as follows : 

Unpaid taxes on lands situated in the town of , in the county of 

, for the year . [N. B.] The name of the town was formerly , 

[to be stated in the case of change of name, as mentioned in the preceding 
section.] The following list of taxes on real estate of resident [or non-resi- 
dent, as the case may be] owners in the town of , for the year , 

committed to me for collection for said town, on the day of , 

remain unpaid ; and notice is hereby given that if said taxes, interest and 
charges are not previously paid, so much of the real estate taxed as is 
sufficient to pay the amount due therefor, including interest and charges, 

will be sold at public auction at , in said town, on the first Monday of 

December, 19 — , at nine o'clock A. M. [N. B. Here follows the list, a 
short description of each parcel taken from the inventory to be inserted in an 
additional column.] 

C. D., Collector of Taxes of the Town of . 

R. S. c. 10, § 74. 



COLLECTOR OF TAXES. 249 

After the land is so advertised, and at least ten days before 
the day of sale, the collector shall notify the owner, if resident, 
or the occupant thereof, if any, of the time and place of sale by 
delivering to him in person, or leaving at his last and usual 
place of abode, a written notice signed by him, stating the time 
and place of sale, and the amount of taxes due. In case of non- 
resident owners of real estate, such notice shall be sent by mail 
to the last and usual address, if known to the collector, at least 
ten days before the day of sale. If such tax is paid before the 
time of sale, the amount to be paid for such advertisement and 
notice shall not exceed one dollar, in addition to the sum paid 
the printer, if any. R. S. c. 10, § 75; 73 Me. 882; 84 Me. 
190. 

When no person appears to discharge the taxes duly assessed 
on any such real estate of resident or non-resident owners, with 
costs of advertising, on or before the time of sale, the collector 
shall proceed to sell at public auction, to the highest bidder, so 
much of such real estate or interest as is necessary to pay the 
tax due, with three dollars for advertising and selling it, the sum 
paid to the printer, twenty-five cents for each copy required to 
be lodged with the town clerk, twenty-five cents for the return 
required to be made to the town clerk, fifty cents for the town 
clerk for recording the same, and sixty-seven cents for the deed 
thereof and certificate of acknowledgment. If the bidding is for 
less than the whole, it shall be for a fractional part of the estate, 
and the bidder who will pay the sum due for the least fractional 
part shall be the purchaser. If more than one right, lot or parcel 
of land is so advertised and sold, said charge of three dollars, the 
twenty-five cents for each copy lodged with the town clerk, the 
twenty-five cents for the return made to the town clerk, and the 
fifty cents for the town clerk for recording the same, shall be 
divided equally among the several rights, lots or parcels adver- 
tised and sold at any one time ; and in addition, the sum paid to 
the printer shall be divided equally among the non-resident rights, 
lots or parcels so advertised and sold; and the collector shall 
receive in addition, fifty cents on each parcel of real estate so 
advertised and sold, when more than one parcel is advertised 
and sold. The collector may, if necessary to complete the sales, 
adjourn the auction from day to day. R. S. c. 10, § 76; 19 Me. 
100, 369; 25 Me. 362; 27 Me. 356; 30 Me. 325 ; 32 Me. 69, 
309; 34 Me. 268; 36 Me. 178, 435; 40 Me. 161; 43 Me. 311; 
48 Me. 377 ; 58 Me. 533 ; 61 Me. 209 ; 68 Me. 395 ; 71 Me. 236 : 
74 Me. 222; 84 Me. 190; 97 Me. 447. 



250 COLLECTOR OF TAXES. 

If the purchaser of land sold for taxes under the preceding 
section fails to pay the collector within twenty days after the 
sale the amount bid by him, the sale shall be void, and the city 
or town in which such sale was made shall be deemed to be 
the purchaser of the land so sold, the same as if purchased by 
some one in behalf of the city or town under section eighty- 
five of said chapter ten of the revised statutes. P. L. 1905 c. 

27, § 1. 

If a city or town becomes a purchaser under the preceding 
section, the deed to it shall set forth the fact that a sale was 
duly made, the amount bid for the land included in said deed 
and that the purchaser failed to pay the amount bid within 
twenty days after the sale ; and the said deed shall confer upon 
said city or town the same rights and duties as if it had been 
the purchaser under section eighty-five of said chapter ten of the 
revised statutes. P. L. 1905 c. 27, § 2. 

When real estate is so sold for taxes, the collector shall, within 
thirty days after the day of sale, lodge with the treasurer of his 
town a certificate under oath designating the quantity of land 
sold, the names of the owners of each parcel, and the names of 
the purchasers ; what part of the amount of each was tax, and 
what was cost and charges ; also a deed of each parcel sold, run- 
ning to the purchasers. The treasurer shall not deliver the 
deeds to the grantees, but put them on file in his office, to be 
delivered at the expiration of two years from the day of sale, in 
the case of lands of resident owners, and one year from the cla}^ 
of sale in the case of lands of non-resident owners, if the owner 
does not within such time redeem his estate from the sale, by 
payment of the taxes, and all charges, and interest on the whole 
at the rate of ten per cent from the day of sale to the time of 
redemption, and costs as above provided, with sixty-seven cents 
for the deed and certificate of acknowledgment and all sums paid 
for internal revenue stamps affixed to such deed. If the deed of 
land of a non-resident owner is recorded within thirteen months 
after the day of sale, no intervening attachment or conveyance 
shall affect the title. If so redeemed, the treasurer shall give the 
owner a certificate thereof, cancel the deed, and pay to the gran- 
tee, on demand, the amount so received for him. If not so paid, 
he shall deliver to the grantee his deed, on payment of the fees, 
as aforesaid, for the deed and acknowledgment, and thirty cents 
more for receiving and paying out the proceeds of the sale. For 
the fidelity of the treasurer in discharging the duties herein 



COLLECTOR OF TAXES. 251 

required, the town is responsible, and has a remedy on his bond 
in case of default. R. S. c. 10, § 77; 84 Me. 190 ; 96 Me. 500. 

All sums paid by any collector of taxes, or treasurer, for 
internal revenue stamps to be affixed to any deed of real estate, 
or interest therein, sold for non-payment of a tax, shall be deemed 
a part of the costs and charges for making such sale. R. S. c. 
10, § 78. 

The person interested in the estate, by purchase at the sale, 
may pay any tax assessed thereon, before or after that so adver- 
tised, and for which the estate remains liable, and on filing with 
the treasurer the receipt of the officer to whom it was paid, the 
amount so paid shall be added to that for which the estate was 
liable, and shall be paid by the owner redeeming the estate, with 
interest at the same rate as on the other sums. After the deed 
of land of a non-resident owner is so delivered, the owner has six 
months within which to redeem his estate, by paying to the pur- 
chaser the sum by him so paid, with interest at the rate of twenty 
per cent a year. R. S. c. 10, § 79. 

The collector making any sale of real estate for non-payment 
of taxes, shall, within thirty days after such sale make a return, 
with a particular statement of his doings in making such sale, to 
the clerk of his town ; who shall record it in the town records ; 
and said return, or if lost or destroyed, an attested copy of the 
record thereof, shall be evidence of the facts therein set forth in 
all cases where such collector is not personally interested. The 
collector's return to the town clerk shall be in substance as 
follows : 

Pursuant to law, I caused the taxes assessed on the real estate of non- 
resident owners described herein, situated in the town of for the year 

, to be advertised according to law by advertising in the three 

weeks successively, the first publication being on the day of , and 

at least six weeks before the day of sale; and caused the taxes assessed on 
the real estate of resident owners described herein, situated in the town of 

for the year , to be advertised according to law by posting notice 

as required by law, at the following places, six weeks before the day of sale, 
being public and conspicuous places in said town. I also, at least ten days 
before the day of sale, gave to each resident owner of said lands, or the 
occupant thereof, if any, in hand, or left at his last and usual place of abode, 
and sent by mail to the last and usual address of each non-resident owner 
of said lands, whose address was known to me, written notice of the time 
and place of said sale, in the manner provided by law; and afterwards on 
the first Monday of December, 19 — , at nine o'clock, A. M., being the time 
and place of sale, I proceeded to sell, according to the tenor of the adver- 



252 



COLLECTOR OF TAXES. 



tisement, the estates upon which the taxes so assessed remained unpaid; 
and in the schedules following is set forth each parcel of the estate so 
offered for sale, the amount of taxes, and the name of the purchaser; and I 
have made and executed deeds of the several parcels to the several persons 
entitled thereto, and placed them on file in the town treasurer's office, to be 
disposed of as the law requires. 

SCHEDULE No. 1. 

NON-RESIDENT OWNERS. 



Name of 
owner. 



Description 
of property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



SCHEDULE No. 2. 

RESIDENT OWNERS. 



Name of 
owner. 



Description 
of property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



In witness of all which I have hereunto subscribed my name, this 

day of , 19—. 

C. D., Collector of Taxes of the Town of 



R. S. c. 10, § 80 ; 84 Me. 190; 95 Me. 124. 

Any person to whom the right by law belongs, may, at any 
time within two years from the day of sale, redeem any real 
estate or interest of resident proprietors sold for taxes, on paying 
into the town treasury for the purchaser, the full amount so 
certified to be due, both taxes and cost, including the sum 
allowed for the deeds and stamps, with interest on the whole at 
the rate of twenty per cent a year from the date of the sale, 
which shall be received and held by said treasurer as the prop- 
erty of the purchaser aforesaid; and the treasurer shall pay to 
said purchaser, his heirs or assigns, on demand ; and if not paid 
when demanded, the purchaser may recover it in any court of 
competent jurisdiction, with costs and interest at the rate of 
twenty per cent, after such demand. The sureties of the treas- 
urer shall pay the same on failure of said treasurer. And in 
default of payment by either, the town or plantation shall pay 
the same with costs and interest as aforesaid. R. S. c. 10, § 81 ; 
84 Me. 190. 

If no person having legal authority so to do redeems the 
same within the time aforesaid by paying the full amount 



COLLECTOR OF TAXES. 253 

required by this chapter, said treasurer shall deliver to the pur- 
chaser the deeds so lodged with him by the collector ; and if he 
willfully refuses to deliver such deed to such purchaser, on 
demand, after said two years and forfeiture of the land as afore- 
said, he forfeits to said purchaser the full value of the property 
so to be conveyed, to be recovered in an action of debt, with 
costs and interest as in other cases ; the sureties of said treasurer 
shall make good the payment here required, in default of pay- 
ment by the principal ; and on the failure of both, the town is 
liable. R. S. c. 10, § 82. 

Any non-resident owner of real estate sold under section 
seventy-six, having paid the taxes, costs, charges and interest as 
aforesaid, may, at any time within one year after making such 
payment, commence a suit against the town to recover the 
amount paid, and if on trial it appears that the money raised 
was for an unlawful purpose, he shall have judgment for the 
amount so paid. If not commenced within the year, the claim 
shall be forever barred. The suit may be in the supreme judicial 
or superior court, and the plaintiff recovering judgment therein 
shall have full costs, although the amount of damages is less 
than twenty dollars. R. S. c. 10, § 83; 58 Me. 391, 395; 68 
Me. 357. 

The treasurer's receipt or certificate of payment of a sufficient 
sum to redeem any lands taxed as aforesaid, shall be legal evi- 
dence of such payment and redemption. R. S. c. 10, § 84. 

In all cases where real estate has been sold for state, county 
or town taxes, the owner may, within the time allowed by law, 
pay the sums necessary to redeem the same, into the treasury of 
the state, county or town to which the tax is to be paid, and 
such payment seasonably made shall redeem the estate. The 
treasurer shall pay the amount so received by him to the person 
entitled thereto according to the records and documents in his 
office. R. S. c. 10, § 86. 

The municipal officers may employ one of their own number, 
or some other person, to attend the sale for taxes of any real 
estate, in which their town is interested, and bid therefor a sum 
sufficient to pay the amount due and charges, in behalf of the 
town, and the deed shall be made to it. R. S. c. 10, § 85 ; 61 
Me. 551 ; 95 Me. 166. 

All state taxes hereafter assessed shall be collected by the 
collectors or constables of the several towns and paid by them 
to the treasurers of their respective towns as other taxes are 



254 COLLECTOR OF TAXES. 

paid. Said treasurers shall pay such taxes to the treasurer of 
state. R. S. c. 10, § 3. 

The collector of taxes of any town or the treasurer of any 
town who is also a collector, may issue his warrant to the sheriff 
of any county, or his deputy or to a constable of his town, 
directing him to distrain the person or property of any person 
not paying his taxes within three months after the date of the 
original commitment which warrant shall be of the same tenor 
as that prescribed to be issued b} T municipal officers or assessors 
to collectors with the appropriate changes returnable to the col- 
lector or treasurer issuing the same in thirty, sixty or ninety 
days. R. S. c. 10, § 67 ; 96 Me. 269. 

When such collector or treasurer thinks that there is danger 
of losing by delay a tax assessed on any individual, he may 
distrain his person or property before the expiration of the time 
named in the preceding section. R. S. c. 10, § 68. 

Before such officer serves any such warrant, he shall deliver 
to the delinquent, or leave at his last and usual place of abode, 
a summons from said collector or treasurer, stating the amount 
of tax due, and that it must be paid within ten days from the 
time of leaving such summons, with twenty cents for the officer 
for leaving the same ; and if not so paid, the officer shall serve 
such warrant the same as collectors of taxes may do, and shall 
receive the same fees as for levying executions in personal 
actions. R. S. c. 10, § 69 ; 96 Me. 270. 

Form of Summons to Pay Personal and Poll Taxes. 

State of Maine. 

County of , ss. 

To , of the town of , in said county of : 

The personal and poll tax assessed against you in said town of for 

the year 19 — , and committed to me for collection, and now due, and in 

paying which you are delinquent, is dollars and cents, which must 

be paid within ten days from the time of service of this summons, with 
twenty cents for the officer leaving the same. 

( Collector [or Treasurer and Collector] 

1 } of the Town of for the year 19—. 

Date, , 19—. 

OFFICER'S NOTICE. 

To , above named: 

The collector [or treasurer acting as collector] of taxes for the town of 

has issued his warrant to me for collection of your said tax; and if the 

same is not paid on or before the day of , 19 — , in accordance with 



COLLECTOR OF TAXES. 255 

the foregoing summons, I shall proceed to enforce payment thereof accord- 
ing to law. 

Date, , 19—. 

Constable of the Town of . 

[Or Sheriff or Deputy Sheriff 

of the County of .] 

Amount of tax, $ 

Interest and cost, 

Total, $ 

Form of Collector's Warrant to Sheriff or Constable to Collect 
Delinquent Taxes. 

State of Maine, 
[i,. s.] 

County of , ss. 

To the sheriff of said county of or any of his deputies, or to any con- 
stable of the town of , in said county, 

GREETING. 

In the name of the State of Maine, you are hereby required to collect of 

, of said , the sum of dollars and cents, being the amount 

of state, county and town taxes assessed against said in said town of 

for the year 19 — , in the lists committed to me for collection by the 

assessors of said . The time fixed by vote of said town for payment of 

said taxes, to wit, having expired and the said being delinquent 

in paying his said taxes, if he refuses or neglects to pay the sum which he is 
assessed in said list, you shall deliver to him in person or leave at his last 
and usual place of abode a summons under my hand as collector of said 

town of , stating the amount of tax due and that it must be paid within 

ten days from the date of leaving such summons, and if he refuses or neg- 
lects for the said period of ten days to pay the same you shall then distrain 
him by any of his goods or chattels not exempt to the value of said tax 
thereof ; and keep the distress so taken for four days at the cost and charge 
of the owner ; and if he does not pay his tax so assessed within said four 
days, then you shall sell at public vendue such distress for payment thereof 
with charges ; first giving at least forty-eight hours 1 notice before the 
expiration of said four days of such sale by posting advertisements in some 
public place in the town ; and the overplus arising by such sale, if any, 
beyond the tax and expense of sale (including the necessary charges of tak- 
ing and keeping the distress, and likewise after satisfying yourself for your 
own fees as allowed by law for levying executions in personal actions), you 
shall immediately restore to the former owner, with a written account of 
the sale and charges ; and for want for twelve days after demand of goods 
and chattels, whereon to make distress, except property exempt from 
attachment for debt, you shall take the body of such person so refusing or 

neglecting, and him commit to the jail of the county of , there to 

remain until he pays said tax or is discharged by law. 



256 COLLECTOR OF TAXES. 

And have you this warrant at my office at the expiration of [thirty, 

sixty, or ninety] days from the date hereof, with an account of your doings, 
and return of collections indorsed thereon. 

Given under my hand and seal this day of , 19 — . 

I Collector [Treasurer and Collector] 

1 \ of Taxes of the Town of . 

RETURN ON WARRANT OF DISTRESS AND SALE. 

State of Maine. 

County of , ss. , 19 — . 

By virtue of the within warrant, on the day of , 19 — , I delivered 

to the said in hand [left at the last and usual place of abode of the said 

] a summons under the hand of , collector of the said town of , 

stating the amount of tax due and that it must be paid within ten days 
from the date of leaving such summons ; and whereas the said neg- 
lected and refused for the said period of ten days to pay the same,* I took 

as the property of the within named and kept it for the space of 

four days, and on the day of said , being at least forty-eight hours 

before the expiration of said four days, I posted notice at , in , being 

a public place therein, that [state kind of property] of or belonging to 

, taken on the day of , 19 — , as a distress for tax duly assessed 

against him for the year 19 — , and in bills duly committed to the collector 

of said for collection, which tax the said refused to pay, would be 

openly sold by me for the payment of said tax and charges at public ven- 
due, at , in said , on the day of , 19 — , at o^lock in the 

noon, if said tax with legal fees and expenses was not paid before that 

time; and on the said day of , at said hour, according to said notice, 

I openly sold said at public vendue to , he being the highest bid- 
der, for dollars and cents, from which sum I deducted dollars 

and cents, being the amount of said tax, which I discharge in said bills, 

and dollars and cents for charges and expenses of the distraint 

and sale, and afterward on the same day at said I restored [or offered 

to restore and tendered] the sum of dollars and cents, being the 

balance arising from said sale after deducting said tax and expense of sale, 

with a written account of said sale and charges, to the said , who then 

and there received [or declined to receive] said balance. 

Constable of . [Or Sheriff 

or Deputy Sheriff of the 
County of .] 



Service of warrant, 
Copy of warrant, . 
Travel, 
Expenses, 
Dollarage, 

Total expenses, 

*In case distraint is 
and use form on follow 



.50 
.33 



Amount realized from sale, •$- 
Amount of tax and expense, $- 
Amount refunded to owner, $- 



made of the body strike out following the star (* 
ng page. 



COLLECTOR OF TAXES. 257 

RETURN OF ARREST AND COMMITTAL OF DELINQUENT 
TAX-PAYER. 

For want for twelve days after demand of goods and chattels, whereon to 
make distress, except property exempt from attachment for debt, on the 

day of , 19—, I arrested the said and committed him to the 

jail at , in the county of , and gave the jailer an attested copy of the 

within warrant with a certificate under my hand of the sum which the said 

was to pay as his tax and the costs of arresting and committing him, 

and that for want of goods and chattels whereon to make distress, I 
arrested riim. 

Fees : — Arrest, . . .50 
Copy of warrant, .33 
Travel, 
Conveyance, 

) Constable of . [Or Sheriff 

, > or Deputy Sheriff of the 

) County of .] 

Form of Collector's Advertisement of Sale of Lands of Non- 
Resident Owners. 

State of Maine. 

Unpaid taxes on lands situated in the town of , in the county of , 

for the year 19 — . [N. B.] The name of said town was formerly 

[this blank space to be filled in case the name of the town for the whole or any 
part of its territory has been changed within three years']. 

The following list of taxes on real estate of non-resident owners in the 

town of aforesaid, for the year 19 — , committed to me for collection for 

said town on the day of , 19 — , remain unpaid; and notice is here- 
by given that if said taxes, with interest and charges, are not previously 
paid, so much of the real estate taxed as is sufficient to pay the amount due 
therefor, including interest and charges, will be sold without further notice 

at public auction at [in cities sale must be at the collector's office, in 

towns at the place where the last preceding town meeting was held], in said 
town, on the first Monday in February, 19 — , at nine o'clock A. M. 



Name of owner. 



Description of property. 



Amount of tax due, 

including interest and 

charges. 



19—. 

, Collector of Taxes of the Town of 



RETURN TO TOWN CLERK. 
I hereby certify that the within and foregoing is a true copy of the adver- 
tisement of the aforesaid intended sale, and that I have given notice of said 

17 



258 COLLECTOR OF TAXES. 

intended sale as required by law, by causing said advertisement to be pub- 
lished in , a newspaper published in said county of , three weeks 

successively, the first publication thereof being at least six weeks before 

the first Monday in February, 19 — , to wit, on the day of , 19 — . 

I also certify that after said lands were so advertised, and at least ten days 

before the day of sale, to wit, on the day of , 19 — , I sent by mail 

to the last and usual address of said respectively, being all the non- 
resident owners of said lands whose said addresses are known to me, a 
written notice signed by me, stating the time and place of sale, and amount 
of taxes due. 

, Collector of Taxes of the Town of . 

Received and recorded , 19 — . 

, Town Clerk. 

Memo. — This return should be made and lodged with the town clerk 
immediately after service and mailing of notice and before day of sale. 

Form of Collector's Notice of Sale of Lands of Resident Owners. 

State of Maine. 

Unpaid taxes on lands situated in the town of , in the county of , 

for the year 19 — . 

The following list of taxes on real estate of resident owners in the Town 

of aforesaid, for the year 19 — , committed to me for collection for said 

town on the day of , 19 — , remain unpaid ; and notice is hereby 

given that if said taxes, with interest and charges, are not previously 
paid, so much of the real estate taxed as is sufficient and necessary to pay 
the amount due therefor, including interest and charges, will be sold at 

public auction at [in cities sale must be at the collectors office, in 

towns at the place where the last preceding town meeting was held], in said 
town, on the first Monday in February, 19 — , at nine o'clock A. M. 



Name of owner. 



Description of property. 



Amount of tax due, 

including interest and 

charges. 



19—. 

, Collector of Taxes of the Town of- 



RETURN TO TOWN CLERK. 

I hereby certify that the within and foregoing is a true copy of the notice 
of the aforesaid intended sale, and that I have given notice of said intended 
sale as required by law, by posting the same in the same manner and at 
the same places that warrants for town meetings are therein required to 

be posted, to wit, at , at , at . six weeks before the first Monday 

in February, 19 — , to wit, on the day of , 19 — . I also certify that 

after said notice of the intended sale was so posted and at least ten days 
before the day of sale, to wit, on the day of , 19—, I delivered to 



COLLECTOR OF TAXES. 259 

said , residents of said respectively, in person, and to , occu- 
pants of said lands, the taxes on which were assessed to , residents of 

said respectively, in person, and left at the last and usual place of 

abode of said , residents of said , and of , occupants of said lands, 

the taxes on which were assessed to , residents of said respec- 
tively, a written notice, signed by me, stating the time and place of sale, 
and amount of taxes due. 

, Collector of Taxes of the Town of . 

Received and recorded , 19 — . 

, Town Clerk. 

Memo.— This return should be made and lodged with the town clerk 
immediately after service and mailing of notice and before day of sale. 

Form of Collector's Notice to Owner or Occupant. 

State of Maine. 

, 19-. 

To : 

You are hereby notified that the taxes for the year 19 — , amounting to 

$ , on the real estate assessed to , situated in the town of , 

described as follows: [here insert description of property] committed to me 
for collection for said town, remain unpaid, and notice is hereby given that 
if said taxes, interest and charges are not previously paid, so much of the 
real estate taxed as is sufficient and necessary to pay the amount due there- 
for, including interest aud charges, will be sold, without further notice, at 
public aution at in said town, on the first Monday of February, 19 — , 

at nine o'clock A. M. 

, Collector of Taxes of the Town of . 

Tax, $ 

Interest, 

Charges, 

Form of Collector's Certificate to Town Treasurer of Tax Sales. 

State of Maine. 

To the treasurer of the town of , in the county of and State 

of Maine: 

I, , collector of taxes for said town for the year 19—, certify on oath 

that, after posting and publishing notices thereof according to law, and giv- 
ing notice to resident owners or occupants and to non-residents according 
to law, I did on the first Monday of February, 19 — , at nine o'clock in the 
forenoon, sell at public auction at , in said town of , to the follow- 
ing named purchasers, respectively, the several following named quantities 
of land owned by the following named owners of each parcel, for the tax of 
19 — , and interest, cost and charges against said several owners and their 
respective parcels of land; and I herewith lodge with you deeds of each 
parcel of land sold, running to the several purchasers thereof. Said sales, 



260 



COLLECTOR OF TAXES. 



names of owners, names of purchasers, and amount of tax and interest, and 
of cost and charges, being as follows, to wit: 



Names of 
purchasers. 



Quantity 

and description of 

land sold. 



Names of 
owners. 



Amount 


Amount 


of tax, 


of costs 


including 


and 


interest. 


charges. 



Total 
amount 
realized. 



Collector of Taxes for said Town of 



State of Maine. 



County, ss. 



19—. 



Then personally appeared the above named , collector of the town of 

, and made oath to the foregoing certificate by him subscribed. 

Before me, 

, Justice of the Peace. 

N. B. — The statute requires this certificate and the deeds to be lodged 
with the town treasurer within thirty days after the day of sale. 



Form of Collector's Return to Town Clerk of Tax Sales. 



To 



State of Maine. 
clerk of the town of , in the county of and State of 



Maine : 

Pursuant to law I caused the taxes assessed on the real estate of non- 
resident owners described herein, situated in the town of , for the year 

19 — , to be advertised according to law by advertising in the , a news- 
paper published in said county, three weeks successively, the first publica- 
tion being on the day of , 19 — , and at least six weeks before the 

day of sale; and caused the taxes assessed on the real estate of resident 

owners, described herein, situated in the town of , for the year 19 — , to 

be advertised according to law by posting notices as required by law at the 

following places, at , at , at , being public and conspicuous places 

in said town, at least six weeks before the day of sale, to wit, on the 

day of , 19 — ; I also, at least ten days before the day of sale, to wit, on 

the day of , 19 — , gave to each resident owner of said lands, or the 

occupant thereof, if any, in hand, or left at his last and usual place of 
abode, and sent by mail to the last and usual address of each non-resident 
owner of said land, whose address was known to me, written notice of the 
time and place of said sale, and the amount of taxes due, in the manner 
provided by law. 

And afterwards on the first Monday of February, 19 — , at , in said 

, at nine o'clock in the forenoon, being the time and place of sale, I 

proceeded to sell according to the tenor of the advertisement the estates 
upon which the taxes so assessed remained unpaid to the persons and for 
the sums set forth in the schedules forming a part of this return, the same 



COLLECTOR OF TAXES. 



261 



having been struck off to the said persons, they being the highest bidders 
therefor, and it being necessary to sell said amount of real estate so taxed 
and advertised as aforesaid and no person offering to pay said taxes and 
interest and charges for a smaller fractional part of said land, at a public 
auction legally notified as hereinbefore set forth and held at the townhouse 

in said (being the place where the last preceding annual town 

meeting was held), on the first Monday in February, A. D. 19 — , at nine 
o'clock A. M., when and where I, the said collector, exposed said property 
for sale and offered to sell such fractional parts thereof as were necessary 
to pay such taxes and charges and could not obtain bids for any smaller 
fractional parts thereof than those set forth in the said schedules; and I 
have made and executed deeds of the several parcels sold to the several 
persons entitled thereto, and placed them on file in the town treasurer's 
office, to be disposed of as the law requires; and lodged my certificate of 
said tax sales with the town treasurer within thirty days after the day of 
sale. 

SCHEDULE No. 1. 

NON-RESIDENT OWNERS. 



Name of 
owner. 



Description of 
property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



In witness of all of which I have hereunto subscribed my name this 

day of , 19—. 

, Collector of Taxes of the Town of 



SCHEDULE No. 2. 

RESIDENT OWNERS. 



Name of 
owner. 



Description of 
property. 



Amount of 
tax, interest 
and charges. 



Quantity 
sold. 



Name of 
purchaser. 



In witness of all of which I have hereunto subscribed my name this 

day of , 19—. 

, Collector of Taxes of the Town of . 



Form of Collector's Tax Deed— Non-Resident Owner. 

State of Maine. 
Know all men by these presents, that whereas the assessors of the town 

of , county of and State of Maine, for the year 19 — , legally chosen 

and sworn, have agreeably to law assessed the real estate hereinafter 
described in the sum of dollars and cents, taxed to as a non- 
resident owner in said , which tax they did in their list of assessments 



262 COLLECTOB OF TAXES. 

on the day of , A. D. 19 — , by their warrant commit to me, , 

collector of said town for said year, legally chosen and sworn, to collect; 
and whereas no person has appeared to discharge said tax, although I have 
advertised the same by causing notices designating the name of the owner, 
if known, the right, lot and range, the number of acres as nearly as may be, 
the amount of tax due, and such other short description as is necessary to 
render its identification certain and plain, and stating the date of commit- 
ment, to be published in the , a newspaper published in said county of 

, three weeks successively, the first publication thereof being on the 

day of , 19 — , and at least six weeks before the first Monday in Feb- 
ruary, A. D. 19 — , that if said taxes, interest and charges thereon were not 
previously paid, so much of said real estate taxed as was sufficient to pay 
the amount due therefor, including interest and charges, would be sold at 

public auction at the townhouse in said (being the place where 

the last preceding annual town meeting was held), on said first Monday of 
February, A. D. 19 — , at nine o'clock A. M. ; and whereas I, the said col- 
lector, did on the day of , 19 — , lodge with the town clerk of said 

a copy of each of said notices with my certificate thereon by me signed 

that I had given notice of the intended sale by publishing the same as afore- 
said and as required by law; and whereas* after said land was so advertised 

as aforesaid, and on the day of , A. D. 19 — , being at least ten days 

before the day of said sale, I, the said collector, sent by mail to the last 

and usual address of , of , the owner of said land, a written notice 

signed by me, stating the time and place of said sale and the amount of 
taxes due; 

Now therefore, I, , as collector of taxes of said , as aforesaid, in 

consideration of the sum of dollars and cents, being the amount of 

said taxes remaining unpaid and interest and charges thereon, to me paid 

by , of , in the county of and State of Maine, have granted, 

bargained, and sold, and by these presents do grant, bargain, sell and con- 
vey unto the said , his heirs and assigns forever, the following described 

real estate situated in said town of , to wit [here insert portion sold 

with description as inventoried], the same having been struck off to the 

said , he being the highest bidder therefor, and it being necessary to 

sell said amount of said real estate so taxed and advertised as aforesaid, 
and no person offering to pay said taxes and interest and charges for a 
smaller fractional part of said land, at a public auction legally notified as 

hereinbefore set forth, and held at the townhouse in said (being 

the place where the last preceding annual town meeting was held), on the 
first Monday of February, A. D. 19 — , at nine o'clock A. M., when and 
where I, the said collector, exposed said property for sale, and offered to 
sell such fractional part thereof as was necessary to pay said taxes and 
charges, and could not obtain a bid for any smaller fractional part thereof 
than that above named and hereby conveyed. 



COLLECTOR OF TAXES. 263 

To have and to hold the same to the said , his heirs and assigns, for 

his and their proper use and behoof forever; subject, however, to the right 
of redemption which the owner thereof or any other person has or may 
have at any time within the time specified by law; and I do covenant with 

the said , his heirs and assigns, that I gave notice of the intended sale 

of said real estate according to law, that said sale was within two years 
from and after the date of the original commitment of said taxes to me by 
warrant for collection thereof, and that in all respects I have in the prem- 
ises observed the directions of the law, whereby I have good right and full 
power in my said capacity to sell and convey the said premises to the said 
to hold as aforesaid. 

In witness whereof, I do hereunto set my hand and seal in my said capac- 
ity as collector of said , duly authorized by law, this day of , 

A. D. one thousand nine hundred and . 

Signed, sealed and delivered 
in presence of 

, Collector, [l. s.] 

*In case notice could not be mailed, erase all following the star (*) and 
insert "the address of the said was unknown to me." 

State of Maine. 

, ss. , 19—. 

Then personally appeared the above named , collector, and acknowl- 
edged the above instrument to be his free act and deed in his said capacity. 
Before me, 

, Justice of the Peace. 

Form of Collector's Tax Deed— Resident Owner. 

State of Maine. 

Know all men by these presents, that whereas the assessors of the town 

of , county of — — and State of Maine, for the year 19 — , legally chosen 

and sworn, have agreeably to law assessed the real estate hereinafter 
described in the sum of dollars and cents, taxed to as a resi- 
dent owner of real estate in said , which tax they did in their list of 

assessments on the day of , A. D. 19 — , by their warrant commit to 

me, , collector of said town for said year, legally chosen and sworn, to 

collect; and whereas no person has appeared to discharge said tax, although 
I have advertised the same by posting notices designating the name of the 
owner, if known, the right, lot and range, the number of acres as nearly as 
may be, the amount of tax due, and such other short description as is nec- 
essary to render its identification certain and plain, and stating the date of 

commitment, at , and , and , three public and conspicuous places 

in said town (in the same manner and places that warrants for town meet- 
ings are by law required to be posted therein), on the day of , 19 — , 

being six weeks before the first Monday in February, A. D. 19—, that if said 



264 COLLECTOR OF TAXES 

taxes, interest and charges thereon were not previously paid, so much of 
said real estate taxed as was sufficient and necessary to pay the amount due 
therefor, including interest and charges, would be sold at public auction at 

the townhouse in said (being the place where the last preceding 

annual town meeting was held), on said first Monday of February, A. D. 
19 — , at nine o'clock A. M. ; and whereas I, the said collector, did on the 

day of , 19 — , lodge with the town clerk of said a copy of each 

of said notices with my certificate thereon by me signed that I had given 
notice of the intended sale by posting the same as aforesaid and as required 
by law; and whereas after said land was so advertised as aforesaid, and on 

the day of , A. D. 19 — , being at least ten days before the day of 

said sale, I, the said collector, notified , the owner [or occupant] of said 

land, by delivering to him in person [or by leaving at his last and usual place 
of abode], a written notice signed by me stating the time and place of said 
sale and the amount of taxes due; 

Now therefore, I, , as collector of taxes of said , as aforesaid, in 

consideration of the sum of dollars and cents, being the amount 

of said taxes remaining unpaid and interest and charges thereon, to me paid 

by , of , in the county of and State of Maine, have granted, 

bargained, and sold, and by these presents do grant, bargain, sell, and con- 
vey unto the said , his heirs and assigns forever, the following described 

real estate situated in said town of , to wit [here insert portion sold 

with description as inventoried], the same having been struck off to the said 

, he being the highest bidder therefor, and it being necessary to sell 

said amount of said real estate so taxed and advertised as aforesaid, and no 
person offering to pay said taxes and interest and charges for a smaller 
fractional part of said land, at a public auction legally notified as hereinbe- 
fore set forth, and held at the townhouse in said (being the place 

where the last preceding annual town meeting was held), on the first Mon- 
day of February, A. D. 19 — , at nine o'clock A. M., when and where I, the 
said collector, exposed said property for sale, and offered to sell such frac- 
tional part thereof as was necessary to pay said taxes and charges, and 
could not obtain a bid for any smaller fractional part thereof than that 
above named and hereby conveyed. 

To have and to hold the same to the said , his heirs and assigns, for 

his and their proper use and behoof forever; subject, however, to the right 
of redemption which the owner thereof or any other person has or may 
have at any time within the time specified by law ; and I do covenant with 

the said , his heirs and assigns, that I gave notice of the intended sale 

of said real estate according to law, that said sale was within two years 
from and after the date of the original commitment of said taxes to me by 
warrant for collection thereof, and that in all respects I have in the prem- 
ises observed the directions of the law, whereby I have good right and full 
power in my said capacity to sell and convey the said premises to the said 
to hold as aforesaid. 



COLLECTOR OF TAXES. 265 

In witness whereof, I do hereunto set my hand and seal in my said capac- 
ity as collector of said , duly authorized by law, this day of , 

A. D. one thousand nine hundred and . 

Signed, sealed and delivered 
in presence of 



-, Collector, [l. s.] 



State of Maine. 



19- 



Then personally appeared the above named , collector, and acknowl- 
edged the above instrument to be his free act and deed in his said capacity. 

Before me, 

, Justice of the Peace. 

Form of Collector's Warrant. 

State of Maine. 

County of , ss. 

To , constable or collector of taxes of the town of , within the 

county of , 

greeting. 

In the name of the State of Maine, you are hereby required to levy and 
collect of each of the several persons named in the list herewith committed 
unto you, his respective proportion therein set down, of the sum total of 

such list, it being dollars and cents, said town's proportion of the 

state tax, for the year 19 — , and to transmit and pay the same to , the 

treasurer of your town, or to his successor in office, and to complete and 

make an account of your collections of the whole sum, on or before the 

day of next. [The state treasurer' s warrant upon the town treasurer 

will determine the date. M. S. c. 10.] Also to levy and collect of each of 
said persons his respective proportion therein set down of the further sum 

of dollars and cents, this town's proportion of a tax or assessment 

of dollars and cents, granted by a resolve of the legislature of said 

state, passed at the last session, upon an estimate made by the court of county 

commissioners at their session begun and held at , in and for said 

county, on the day of , A. D. 19 — , of sums necessary for defray- 
ing the charges of the county for the year ensuing, and pay the same to 

, the treasurer of your town, or his successor in office, on or before 

the day of , A. D. 19 — . [The county treasurer's warrant upon the 

town treasurer will determine this date. R. S. c. 10.] Also to levy and 
collect of each of said persons his respective proportion therein set down of 

the further sum of dollars and cents, voted and raised by said 

town of , at the annual town meeting, on the day of last 

past, for the support of schools and of the poor, the maintenance of high- 
ways, and other currant expenses, and of the further sums of dollars 

and cents, the overlay authorized by law, and pay the said sums. 



266 COLLECTOR OF TAXES. 

amounting in the whole to dollars and cents, unto , treasurer 

of your town, or to his successor in office, one-half part thereof on or 

before the day of next, and the remainder on or before the 

day of next. 

And if any person refuses or neglects to pay the sum which he is assessed 
in said list, you shall distrain his goods or chattels to the value thereof ; 
and keep the distress so taken for four days, at the cost and charge of the 
owner ; and if he does not pay the sum so assessed within said four days, 
then you shall sell at public vendue such distress for payment thereof with 
charges ; first giving forty-eight hours 1 notice thereof by posting adver- 
tisements in some public place in the town [or plantation] ; and the over- 
plus arising by such sale, if any, beyond the sum assessed, and the necessary 
charges of taking and keeping the distress, you shall immediately restore 
to the owner ; and for want for twelve days after demand of goods and 
chattels, whereon to make distress, except implements, tools, articles of 
furniture, and other property exempt from attachment for debt, you shall 
take the body of such person, so refusing or neglecting, and him commit 
to the jail of the county, there to remain until he pays the same, or such 
part thereof as is not abated by the assessors for the time being, or the 
county commissioners for said county. 

In case of the neglect of any person to pay the sum required by said list 

until after the day of , 19 — , you will add interest to so much 

thereof as remains unpaid, at the rate of per cent from said date to 

the time of payment, and collect the same with the tax remaining unpaid. 

Given under our hands, by virtue of warrants from the state treasurer, 
aforesaid, and from our county commissioners, and in accordance with a 
legal vote of the town and the statutes in such case made and provided, 
this day of , A. D. 19—. 



Assessors. 



To , collector of taxes of the town of aforesaid : 

Herewith are committed to you true lists of the assessments of the polls 
and estates of the persons therein named : You are to levy and collect the 
same, of each one his respective proportion, therein set down, of the sum 

total of dollars and cents (being the amount of the lists contained 

herein), according to the exigency of any lawful warrant touching the same 
to you committed. 

Given under our hands at , this day of , A. D. 19 — . 



Assessors. 



COLLECTOR OF TAXES. 



267 



Form of Tax Bill. 

Town of , Maine. 

M . 



NOTICE TO TAX-PAYERS. 

For all taxes unpaid , 

19—, a summons will be 
issued. If not paid within 
ten days after such sum- 
mons, with 20 cents for said 
summons, the collector will 
at once proceed to collect 
poll and personal taxes ac- 
cording to law, causing ad- 
ditional costs. 

Real estate upon which 
taxes remain unpaid will be 
advertised in Dec, 19 — , and 
sold in Feb., 19—. 

Each partner is liable for 
the whole tax assessed to 
the firm. 

All buildings are assessed 
to the owner of the land on 
which the buildings are lo- 
cated. 

Aliens are assessed for a 
poll tax same as citizens. 

An error in the name of 
the person taxed does not 
defeat the collection of the 
tax. 

Remittance may be made 
by mail and a receipt will 
be returned. 



Collector of Taxes. 



Your state, county and town tax for the year 
19 — , is as follows: 



Poll, 



Real Estate, 



Personal Estate, 



Total Tax, $- 



Received Payment, 



19- 



-, Collector. 



Rate of Taxation, $- 



per $1,000. 



268 TOWN TREASURER. 



CHAPTER XXXIV. 



TOWN TREASURER. 

Annual town meetings shall be held in March and the voters 
shall then choose by a major vote a treasurer and collectors of 
taxes. Treasurers and collectors of towns shall not be select- 
men or assessors, until they have completed their duties as treas- 
urers and collectors and had a final settlement with the town. 
The treasurer and collector of taxes of cities and towns may be 
one and the same person. R. S. c. 4, § 12. 

The town treasurer shall be elected by ballot. R. S. c. 4, 
§14. 

The treasurer before entering upon the discharge of his 
official duties, shall give bond to the inhabitants of his town 
with such sureties and for such sum as shall be designated by 
the municipal officers, not exceeding, however, twice the amount 
of the taxes to be collected during the year for which he is treas- 
urer, conditioned for the faithful discharge of all the duties and 
obligations of his office. If such bond is not furnished and 
delivered to the municipal officers, within ten days after written 
demand by the municipal officers on the treasurer therefor, the 
office of treasurer shall be deemed vacant, and the town or plan- 
tation, at any meeting of its inhabitants legally called, may elect 
a treasurer to fill the vacancy, or the municipal officers may fill 
the vacancy by written appointment which shall be recorded by 
the clerk in the town records. The municipal officers shall be 
the sole judges of the sufficiency of such bond and sureties. 
Such bond, after its approval and acceptance by the municipal 
officers, shall be recorded by the clerk, and such record shall be 
prima facie evidence of the contents of such bond, but a failure 
to so record shall be no defense in any action upon such bond. 
The municipal officers may accept any surety company author- 
ized to do business in the state, as surety on such bond, and dis- 
pense with any further surety or sureties thereon. Any town 
or plantation may lawfully vote, at its annual meeting, to raise 
money to be expended by its treasurer, under the direction of 



TOWN TREASURER. 269 

the municipal officers, for the purpose of purchasing from any 
surety company authorized to do business as aforesaid, the bond 
required by this section. R. S. c. 4, § 19. 

The law gives a town treasurer the custody of a town's 
money to keep, and to pay out under proper authority for town 
purposes, but not to use for himself in any way whatever. His 
responsibility is not measured or acquitted by his ability to pay 
over the balance due at the end of his term, upon demand or 
otherwise, but it depends upon his use or misuse of the money 
during the term, or later. 101 Me. 160. 

The town treasurer is bound to exercise good faith, reasonable 
skill and diligence in the discharge of his trust, or, in other 
words, to bring to its discharge that prudence, caution and 
attention which careful men usually exercise in the management 
of their own affairs; and he is not responsible for any loss occur- 
ring without any fault on his part. 69 Me. 366. 

The treasurer keeps and handles the money ; and, in doing this, 
he acts on his own responsibility. 69 Me. 375 ; 70 Me. 437. 

The fact that the treasurer uses a safe placed in the treasurer's 
office for the deposit of the money and other effects of the town 
therein, does not protect him in case of loss. 69 Me. 375. 

By accepting the office the treasurer takes the risk of safe 
keeping of the money he has actually received. The loss of the 
money by theft or otherwise does not excuse him from his obli- 
gations. 12 Cushing 112. 

The town has no authority to advertise for sealed proposals 
from banks of deposit as to the terms upon which they will 
receive and disburse public moneys of the town. Nor is the 
town treasurer obliged to deposit the funds in the bank desig- 
nated by vote of the citizens. Interest received on deposits of 
public money shall be accounted for. It is not the property of 
the town treasurer. 87 Cal. 604 ; 18 Wash. 625 ; 84 Wis. 473 ; 
15 L. R. A. 456. 

A town treasurer has no authority to borrow money upon 
the credit of the town for any purpose. He must be specially 
authorized by vote before he can bind the town. 91 Me. 368. 

Form of Bond. 

Know all men by these presents, that we, A. B., of , in the county of 

, as principal, and C. D. and E. F., of said , as sureties, are held and 

firmly bound unto the inhabitants of said town of , in the sum of 

dollars; to which payment, well and truly to be made, we bind ourselves, 



270 TOWN TREASURER. 

our heirs and executors, by these presents. Witness our hands and seals, 

this day of , A. D. 19—. 

The condition of this obligation is such, that whereas the said A. B., 
treasurer of said town, has been appointed collector of taxes of said town, 
for the year 19 — ; now, if the said A. B. shall well and faithfully discharge 
all the duties of said office, then this obligation to be void; otherwise, to 
remain in full force and virtue. 

A. B. [Seal.] 
C. D. [Seal.] 
E. F. [Seal.] 

The treasurer of any town or plantation may appoint a citizen 
thereof as his deputy during his temporary absence or other 
temporary disability. The appointment shall be in writing and 
be recorded. 

Form of Appointment of Deputy Treasurer. 

I, , hereby appoint to perform the duties of town treasurer of 

the town of , during the treasurer's temporary absence from his office. 

R. S. C. 4, § 20. » Treasurer. 

The treasurer and the sureties upon his official bond, are 
responsible for all acts and omissions of his deputy in such 
office. R. S. c. 4, § 21. 

Every treasurer shall render an account of the finances of his 
town, and exhibit all books and accounts pertaining to his office, 
to the municipal officers thereof, or to any committee appointed 
by it to examine said accounts, when required ; and such officers 
shall examine such treasurer's accounts as often as once in three 
months. R. S. c. 4, § 22 ; 60 Me. 475 ; 70 Me. 439. 

The fact that the town treasurer does not render an account 
of the finances of his town as required by law does not release 
the sureties on his bond. 60 Me. 475. 

An omission on the part of a town treasurer to render the 
account as prescribed in the foregoing section constitutes a 
breach of his official bond. 70 Me. 439. 

In case of death, resignation, removal or other permanent dis- 
ability of a treasurer of a town or plantation, the municipal 
officers may appoint a citizen thereof to be treasurer until his 
successor is elected and qualified. Such appointment shall be in 
writing and be recorded. 

Form of Appointment of Treasurer to Fill Vacancy. 

We, the municipal officers of the town of , hereby appoint treas- 
urer of said town until his successor is elected and qualified. 

R. S. c. 4, § 23. 



TOWN TREASURER. 271 

Before such appointee enters upon his official duties he shall 
be sworn, and give bond to the town for the faithful performance 
thereof in such sum and with such sureties as the municipal 
officers order. R. S. c. 4, § 24. 

Persons charged with the^ expenditure of the money of a town, 
shall, on or before the morning of each animal meeting, make a 
full, detailed written or printed report of all their financial trans- 
actions in behalf of the town, during the municipal year 
immediately preceding, with a full account of the receipts and 
disbursements during that period, and to whom and for what 
purpose each item of the same was paid, with a statement in 
detail of the indebtedness and resources of the town. Such 
reports, or like reports of town auditors, if printed, shall be dis- 
tributed to the voters on or before the morning of the annual 
meeting, or, if not printed, shall be presented and read in open 
town meeting before the election of selectmen, and, whether 
written or printed, shall be kept deposited in the office of the 
selectmen, or if they have no office or usual place of business, 
with the town clerk, with proper vouchers for the disbursements 
reported, where such reports and vouchers, and all the books of 
the town shall be open during the usual hours of business, to 
the inspection of voters ; and if any town officer refuses or neg- 
lects to perform any requirement of this section, or refuses to 
allow any voter to examine such reports, vouchers, and town 
books, he forfeits fifty dollars for each refusal or neglect, to be 
recovered by indictment, half to the complainant and half to the 
county. R. S. c. 4, § 41. 

No person shall make a bet or wager upon the result of any 
election in the state, in money or in any kind of property, real 
or personal, under penalty of forfeiting the money or property 
so bet or wagered, to the town in which he resides, or if he does 
not reside in the state, then to the town in which the bet or 
wager is made, to be recovered in an action on the case. The 
mayor of the city, or the treasurer of the town or plantation 
entitled to such forfeiture shall forthwith proceed to sue for it, 
as soon as he has proper evidence of such betting or wagering. 
R. S. c. 6, §§ 97, 98 ; 69 Me. 121 ; 70 Me. 496. 

It is no part of the duty of the stakeholder to enforce the 
penalty in favor of the town in which the bet or wager is made. 
69 Me. 121 ; 70 Me. 496. 

The collector or constable, and the town treasurer, or treas- 
urer and collector, if one person is both, each have the same 



272 TOWN TREASURER. 

powers and are subject to the same duties and obligations in 
relation to free high school precinct taxes, as to town taxes ; 
and they and the assessors shall be allowed by the precinct for 
their services, a compensation proportionate to what they receive 
from the town for similar services. * R. S. c. 15, § 70 ; 31 Me. 
281; 41 Me. 247; 67 Me. 240. 

The town treasurer shall pay the expense of assessing and col- 
lecting any free high school precinct tax out of the money of the 
precinct, upon the order of the selectmen. R. S. c. 15, § 68 ; 
73 Me. 181. 

The municipal officers, treasurer and clerk of ever}?" town shall 
meet annually on the first Monday of May, or on the day suc- 
ceeding, or both, and at such meeting they may license under 
their hands as many persons of good moral character, and under 
such restrictions and regulations as they may deem necessary, to 
be innholders and victualers in said town, until the day succeed- 
ing the first Monday in May of the next year, in such house or 
other building as the license specifies. R. S. c. 29, § 1 ; 24 Me. 
442 ; 93 Me. 485. 

The innholder has no natural right to pursue the business of 
innholding. It is an exceptional privilege which ma} 7 or may 
not be conferred upon him by public authority. His chance for 
obtaining a license is dependent upon whether the licensing 
board decides his appointment be necessary and that he sustains 
a good moral character. The authority involves questions to be 
determined by the board and not by the applicant. 93 Me. 485. 

The municipal officers, treasurer and clerk of each town and 
plantation constitute a board for preparing lists of jurors to be 
laid before the town for their approval. R. S. c. 108, § 1. 

Upon the issue of pension certificates as provided in chapter 
one hundred and forty-five of the revised statutes, the treasurer 
of the city, town or plantation where the pensioner resides shall 
be notified thereof, and shall pay quarterly from the treasury of 
said city, town or plantation, to the pensioner, the amount 
specified and for the time specified in said certificate, and take 
vouchers therefor, and the same shall be reimbursed to said 
treasurer, from the treasury of the state. R. S. c. 145, § 6. 

A bounty of five dollars for every wolf killed in any town 
shall be paid by the treasurer thereof to the person killing it, 
upon compliance with the following conditions : No bounty 
shall be paid unless the claimant, within ten days after he has 



TOWN TREASURER. 273 

killed such animal, or has returned from the hunting in which 
he killed it, exhibits to the town treasurer the entire skin there- 
of, with the ears and nose thereon, in as perfect a state as when 
killed, except natural decay, and signs and makes oath to a 
certificate, which oath said treasurer may administer, in which 
he shall state that he killed such animal, and the time and place 
which shall be within the state ; and the treasurer shall there- 
upon cut off the whole of the ears and nose from such skin, and 
entirely destroy them by burning ; then he shall pay the bounty 
and take the claimant's receipt therefor upon the same paper 
with such certificate. The town treasurer shall immediately 
make upon the same paper a certificate under oath addressed to 
the treasurer of state, that he first cut off the ears and nose from 
the skin of such animal and destroyed them by burning, and 
then paid said bounty to the claimant. Said certificates and 
receipts shall annually in December be transmitted to the treas- 
urer of state, and by him laid before the governor and council as 
early as convenient ; and when allowed by them shall be paid by 
the treasurer of state to such towns. The certificate shall be in 
the following form : 

CLAIMANT'S CERTIFICATE. 

To the treasurer of I hereby certify that on the day of A. 

D. 19 — , at , in the State of Maine, I killed the wolf the skin of which I 

now exhibit to you; and I claim the bounty allowed by law for killing the 
same. 

Dated at , this day of A. D. 19 — . 

, Claimant. 



Subscribed and sworn to before me the day and year aforesaid. 

, Treasurer of . 

Bounty on bears killed in Oxford county, P. L. 1903, c. 233. 

CLAIMANT'S RECEIPT. 

On this day of A. D. 19 — , I received of treasurer of , 

dollars, being the bounty allowed by law for killing the wolf described 

in the above certificate. 

, Claimant. 

TREASURER'S CERTIFICATE. 
I hereby certify that, as required by law, I first cut off the whole of the 
ears and nose from the skin of the wolf described in the foregoing certifi- 
cate and destroyed the same by burning, and then paid to said the 

bounty for which I have taken his receipt as above. 

Dated at this day of — - A. D. 19—. 

, Treasurer of . 

18 



274 TOWN TREASURER. 

Subscribed and sworn to before me the day and year aforesaid. 

, Justice of the Peace. 

R. S. c. 32, § 14. 

The treasurer of each town shall keep an accurate and sepa- 
rate account of all moneys received and expended by him under 
the provisions of this chapter. R. S. c. 4, § 47. 

When a town treasurer is elected and qualified, the clerk 
shall communicate his name to the treasurer of state; and no 
city, town or plantation shall receive any money from the treas- 
urer of state until the name of its treasurer has been so com- 
municated. R. S. c. 4, § 43. 

If money not raised for a legal object, is assessed with other 
moneys legally raised, the assessment is not void ; nor shall any 
error, mistake, or omission by the assessors, collector or treas- 
urer, render it void ; but any person paying such tax, may bring 
his action against the town in the supreme judicial court for the 
same county, and shall recover the sum not raised for a legal 
object, with twenty-five per cent interest and costs, and any 
damages which he has sustained by reason of the mistakes, 
errors or omissions of such officers. R. S. c. 10, § 31. See §§ 
83, 87 ; c. 4, § 10 ; c. 9, § 63 ; c. 15, § 69 ; 5 Me. 403 ; 15 Me. 
262; 27 Me. 147; 30 Me. 411; 48 Me. 444 ; 51 Me. 376 ; 58 
Me. 532; 59 Me. 493; 65 Me. 23; 68 Me. 356, 357; 69 Me. 
65; 71 Me. 184; 77 Me. 415; 78 Me. 276, 282; 82 Me. 156; 
90 Me. 245, 494; 92 Me. 529; 94 Me. 358, 495. 

Treasurers of state, counties, towns and corporations, may 
maintain suits in their own names as treasurers on contracts given 
to them or their predecessors, and prosecute suits pending in the 
name of their predecessors. R. S. c. 84, § 27 ; 74 Me. 219. 

Where trespasses are committed on buildings, enclosures, 
monuments or mile stones, belonging to a county, town or 
parish, the treasurer of such corporation may sue for the 
damages in its name ; if the property injured belongs to a school 
district, the treasurer of the town may sue in the name of such 
district. R. S. c. 97, § 10. 

A bounty of one dollar for each and every seal killed in the 
waters of this state shall be paid by the treasurer of the town in 
which such seal is killed, to the person exhibiting to said treas- 
urer the nose of such seal within thirty days after said seal was 
killed. Such treasurer shall destroy it, and shall then proceed 
as in section fourteen of chapter thirty-two. R. S. c. 41, § 53. 

The treasurers of towns, at the expense thereof, shall con- 



TOWN TREASURER. 275 

stantly keep a town seal, and, as town standards, a complete set 
of beams, weights, and copper and pewter measures, conforma- 
ble to the state standards, except that the bushel measure, and 
the half bushel, peck and half peck measures may be of wood 
instead of copper or pewter, but of the same dimensions, and 
except also a nest of troy weights other than those from the 
lowest denomination to eight ounces ; they shall cause all beams, 
weights and measures, belonging to their towns, to be proved 
and sealed by the state or county standards once in ten years, 
from July one, eighteen hundred and forty ; and for every 
neglect of said duty they forfeit one hundred dollars, half to the 
town, and half to the prosecutor. R. S. c. 44, § 4. 

If the constable or collector of any town or parish, to whom 
taxes have been committed for collection, neglects to collect and 
pay them to the treasurer named in the warrant of the assessors 
by the time therein stated, such treasurer shall issue his war- 
rant, returnable in ninety days, and in substance as follows, to 
the sheriff of the county or his deputy, who shall execute it. 

A. B., treasurer of the of , in the county of , to the 

sheriff of said county, or his deputy, greeting. 

Whereas C. D., of aforesaid, (addition) on the day of , 19 — , 

being a of taxes granted and agreed on by the aforesaid, had a 

list of assessments duly made by the assessors of the aforesaid, amount- 
ing to the sum of $ . , committed to him with a warrant under their 

hands, directing and empowering him to collect the several sums in said 
assessment mentioned, and pay the same to the treasurer of the afore- 
said by the day of , 19 — , but the said C. D. has been remiss in 

his duty by law required, and has neglected to collect the several sums 

aforesaid, and pay them to the treasurer of the aforesaid ; and there 

still remains due thereof the sum of $ . , and the said C. D. still 

neglects to pay it : Tou are hereby, in the name of the state, required 

forthwith to levy the aforesaid sum of $ . , by distress and sale of 

the estate, real or personal, of said C. D., and pay the same to the treasurer 

of said , returning the overplus, if any, to said C. D. And for want of 

such estate, to take the body of said C. D., and him commit to the jail in 
the county aforesaid, there to remain until he has paid the said sum of 

•I • , with forty cents for this warrant, together with your fees, or 

he is otherwise discharged therefrom by order of law ; and make return of 

this warrant to myself, or my successor, as treasurer of said , within 

ninety days from this time, with your doings therein. 

Given under my hand, this day of , in the year 19—. 

, Treasurer of . 

R. S. c. 10, § 48; 17 Me. 447; 19 Me. 374; 33 Me. 483: 64 
Me. 190 ; 73 Me. 181 ; 71 Me. 411 ; 82 Me. 45. 



276 TOWN TREASURER. 

On each execution or warrant of distress issued by the treas- 
urer of state, or by the treasurer of a county, town or parish, 
against a constable or collector, or against the inhabitants of a 
town, and delivered to a sheriff or his deputy, he shall make 
return of his doings to such treasurer, within a reasonable time 
after the return day therein mentioned, with the money, if any, 
that he has received by virtue thereof ; and if he neglects to 
comply with any direction of such warrant or execution, he 
shall pay the whole sum mentioned therein. When it is 
returned unsatisfied, or satisfied in part only, such treasurer 
may issue an alias for the sum due on the return of the first ; 
and so on, as often as occasion occurs. A reasonable time after 
the return day shall be computed at the rate of forty-eight hours 
for every ten miles distance from the dwelling-house of the 
sheriff or his deputy to the place where the warrant is return- 
able. R. S. c. 10, § 49. 

When a sheriff or deputy is deficient as aforesaid, such treas- 
urers may direct warrants to a coroner of the county, requiring 
him to distrain therefor upon the delinquent's real or personal 
estate ; and the coroner shall execute such warrants as a sheriff 
does on deficient constables and collectors. R. S. c. 10, § 50. 

At any meeting, when it votes to raise a tax, a town may 
agree on the abatement to be made to those who voluntarily pay 
their taxes to the collector or treasurer at certain periods, and 
the times within which they are so entitled ; and a notification 
of such votes, and the time when such taxes must be paid to 
obtain the abatement, shall be posted by the treasurer in one or 
more public places in his town, within seven days after such 
commitment ; and all who so p&y their taxes are entitled to such 
abatement; but no person shall receive an abatement of more 
than ten per cent of his tax ; and all taxes not so paid shall be 
collected by the collector or his deputy, under the other pro- 
visions of this chapter. R. S. c. 10, § 66. 

The collector of taxes of any town or the treasurer of any 
town who is also a collector, may issue his warrant to the sheriff 
of any county, or his deputy or to a constable of his town, 
directing him to distrain the person or property of any person 
not paying his taxes within three months after the date of the 
original commitment which warrant shall be of the same tenor as 
that prescribed to be issued b} T municipal officers or assessors to 
collectors with the appropriate changes returnable to the col- 
lector or treasurer issuing the same in thirty, sixty or ninety 
days. R. S. c. 10, § 67 ; 96 Me. 269. 



TOWN TREASURER. 277 

When such collector or treasurer thinks that there is danger 
of losing by delay a tax assessed on any individual, he may dis- 
train his person or property before the expiration of the time 
named in the preceding section. R. S. c. 10, § 68. 

Before such officer serves any such warrant, he shall deliver 
to the delinquent, or leave at his last and usual place of abode, 
a summons from said collector or treasurer, stating the amount 
of tax due, and that it must be paid within ten days from the 
time of leaving such summons, with twenty cents for the officer 
for leaving the same ; and if not so paid, the officer shall serve 
such warrant the same as collectors of taxes may do, and shall 
receive the same fees as for levying executions in personal 
actions. R. S. c. 10, § 69 ; 96 Me. 270. 

Form of Summons. 

To A. B., of . 

The taxes assessed against you in the town of , for the year , and 

committed to me for collection, are as follows: [here state the amount of the 
taxes] you are hereby notified that the same must be paid to me, within 
ten days from the day of leaving this summons, with the additional sum of 
twenty cents for the officer leaving this summons. 

C. D., Treasurer and Collector of . 

The municipal officers, treasurer and clerk of every town shall 
meet annually on the first Monday of May, or on the day suc- 
ceeding, or both, and at such time and place in said town as they 
appoint, by posting notices in two or more public places therein, 
at least seven days previously, stating the purpose of the meet- 
ing ; and at such meeting they may license under their hands as 
many persons of good moral character, and under such restric- 
tions and regulations as they deem necessary, to be innholders 
and victualers in said town, until the day succeeding the first 
Monday in May of the next year, in such house or other build- 
ing, as the license specifies. And at any meeting so notified and 
held, they may revoke licenses so granted, if in their opinion 
there is sufficient cause. R. S. c. 29, § 1. ; 

No person shall receive his license until he has given his bond 
to the treasurer, to the acceptance of the board granting it, with 
one or more sureties in the penal sum of three hundred dollars, 
in substance as follows, namely : 

Know all men that we , as principal, and , and , as sureties, 

are held and stand firmly bound to , treasurer of the town [or city] of 

, in the sum of three hundred dollars, to be paid to him, or his suc- 
cessor in said office; to the payment whereof we bind ourselves, our heirs. 



278 TOWN TREASURER. 

executors and administrators, jointly and severally by these presents. 
Sealed with our seals. 

Dated the day of , in the year 19 — . 

The condition of this obligation is such that, whereas the above bounden 

has been duly licensed as a within said town [or city] until the 

day succeeding the first Monday of May next ; now if in all respects he 
shall conform to the provisions of law relating to the business for which he 
is licensed, and to the rules and regulations as provided by the licensing 
board in reference thereto, and shall not violate any law of the state relat- 
ing to intoxicating liquors, then this obligation shall be void, otherwise 
shall remain in full force. 

R. S. c. 29, § 2. 

The licensing board may, at any other time, at a meeting 
specially called, and notified as aforesaid for the consideration of 
any application therefor to them made, grant such license on like 
conditions; but all such licenses expire on the day aforesaid. 
R. S. c. 29, § 3. 

Every person licensed shall pay to the treasurer, for the use 
of such board, one dollar ; and the clerk shall make a record of 
all licenses granted. R. S. c. 29, § 4. 

Collectors of taxes have certain duties to perform in matter of 
licensing itinerant venders. See title Collector of Taxes. R. S. 
e. 45, § 7. 

The municipal officers, treasurer and clerk constitute a board 
for preparing lists of jurors to be laid before the town for their 
approval. R. S. c. 108, § 1. 

No money appropriated by law for public schools shall be paid 
from the treasury of any town, except upon the written order of 
its municipal officers ; and no such order shall be drawn by said 
officers, except upon presentation of a properly avouched bill of 
items. The unexpended balance of all moneys raised by towns, 
or received from the state for the payment of wages and board 
of teachers, fuel, janitor's services, conveyance or tuition and 
board of scholars, shall be credited to the school fund of the 
town and shall be brought forward in the item of resources for 
the year following that in which said unexpended balance 
occurred. This clause, relating to unexpended balances, shall 
not apply to cities. R. S. c. 15, § 15. 

Any town treasurer, or his successor in office may maintain an 
action on the case against any bank, or other corporation, and 
recover therein the tax assessed if unpaid, and the lawful 
charges upon any share thereof, if any dividend thereon has 



TOWN TKEASUKER. 279 

been paid after such tax was assessed, provided the notice pre- 
scribed in the preceding section has been given ; but judgment 
shall not be rendered in such action for a larger sum in damages 
than the dividend thus paid, and all such taxes and charges may 
be recovered in one suit, if said treasurer so elects. R. S. c. 9, 
§34. 

The duties of the treasurer in matter of taxes will be found 
under title Collector of Taxes. R. S. c. 10, § 77 et seq. 

The collector or constable, and the town treasurer, or treas- 
urer and collector, if one person is both, each have the same 
powers and are subject to the same duties and obligations in 
relation to free high school precinct taxes, as to town taxes ; 
and they and the assessors shall be allowed by the precinct for 
their services, a compensation proportionate to what they 
receive from the town for similar services. R. S. c. 15, § 70. 

Any person owning or interested in a lot in a public burying 
ground of a city or town, may deposit with the treasurer of such 
city or town, a sum of money not exceeding five hundred dollars, 
for the purpose of providing for the preservation and care of 
such lot, or its appurtenances, which sum shall be entered upon 
the books of the treasurer, and held in accordance with the pro- 
visions of the ordinances or by-laws of such city or town, in 
relation to burials. R. S. c. 21, § 16. 



CHAPTER XXXV. 



TOWN WAYS AND PRIVATE WAYS. 

The municipal officers of a town may on petition therefor, 
personally or by agency, lay out, alter or widen town ways, and 
private ways for any inhabitant or for owners of cultivated land 
therein, if such inhabitant occupies, or such owner has cultivated 
land in the town which such private way will connect with a 
town way or highway. They shall give written notice of their 
intentions to be posted for seven days, in two public places in 
the town and in the vicinity of the way, describing it in such 
notice, and they shall determine whether it shall be a town way 
or private way ; and if a private way, whether it shall be subject 
to gates and bars. R. S. c. 23, § 16. 



280 TOWN WAYS AND PRIVATE WAYS. 

Form of Notice to Lay Out Way. 

Notice is hereby given, that it is the intention of the selectmen of the 

town of , upon the application of , to lay out [if to widen and 

straighten, say u to make wider and straighter"] a town way in said town, 

for the use of said town, beginning at and ending at , in said town, 

and the route of which is as follows, viz. : , and that they will meet for 

.said purpose on the day of instant, at , in said town, at 

o'clock in the noon; and all persons interested therein will govern 

themselves accordingly. 

Given under our hands, this day of , 19 — . 

A. B., ) 

C. D., } Selectmen of . 

E. F., ) 

A written return of their proceedings containing the bounds 
and admeasurements of the way, and the damages allowed to 
each person for land taken, shall be made and filed with the 
town clerk in all cases. The way is not established until it has 
been accepted in a town meeting legally called after the return 
has been filed, by a warrant containing an article for the pur- 
pose. R. S. c. 23, § 18. 

Form of Laying out a Town Way. 

The subscribers, selectmen of , upon the application of to lay 

out a town way in said town, beginning at and ending at , having 

given seven days 1 notice of our intention to lay out the same, and stated in 
said notice the termini thereof, by posting said notices in two public places 

in said town, and in the vicinity of the proposed route, to wit, at and 

at , in said town, on the day of instant, and having met at the 

time and place appointed for that purpose, and having personally examined 
the route proposed, are of opinion that there is occasion for a new town 
way for the use of said town as proposed ; we therefore lay out said way as 
follows : beginning at the schoolhouse in district No. 5 in said town; 
thence running south nine degrees east through land of A. B., thirty rods 
to a stake; thence north thirty degrees west of land of G. H., to a stake 
near the house of I. O., the line described to be the middle of the highway, 

and the highway to be rods wide; and we agree wtih the owners of the 

land, over which the road passes, for their damages, as follows, to wit: to 

the said A. B., to pay him $ ; to the said E. F., to pay him •$ ; and 

to the said G. H., to pay him $ ; to be paid by said town before said 

road is opened [or as the case may be]; we award to said A. B. $> , to 

said E. F. $ , and to said G. H. $ , for their damages, to be paid by 

said town to them respectively; and we allow the several owners respec- 
tively, months to take off the wood standing or growing on said land, 

and to remove the fence. Such laying out, with the boundaries and 
admeasurements, has been filed with the town clerk, on the day of 



TOWN WAYS AND PRIVATE WAYS. 281 

, being seven days before this meeting; and we now hereby report such 

laying out, with the boundaries and admeasurements of the same, to said 
town, at the meeting of the inhabitants regularly warned and notified, for 
them to accept and allow the same. 

Given under pur hands, this day of , 19 — . 

A. B., } 

C. D., > Selectmen of . 

E. F., ) 

The notice and form for laying out a private way for the use 
of one or more inhabitants of any town, may be the same as in 
sections two and four, except omitting the words "for the use of 

said town," and adding instead, "for the use of inhabitants 

for 'proprietors of lanoV] of said town." 

The form, in case of widening and straightening a town way, 
may be the same as in section four, omitting the words "occasion 
for a new town way," and adding "occasion for widening and 
-straightening the town way." 

The notice, laying out by the selectmen, and the doings of 
the town thereon, should be recorded at length by the town 
clerk, in the books of the town, and attested by him thus: "A 
true copy from the original. Attest : A. B., town clerk." And 
he should preserve the original on file. 

If the width of the road is not stated, half of the road will be 
presumed to be on each side of the line described ; but it should 
be stated. 

The power of selectmen to lay out town or private ways 
should not be exercised unless the public necessity and conven- 
ience require it, and unless the rights of individuals through 
whose land the road passes shall be considered. 

They may lay out a way as aforesaid for the hauling of mer- 
chandise, hay, wood or lumber, to be used only when the ground 
is so covered with snow that such hauling shall not break the 
soil. When so laid out, they shall state in their return the pur- 
poses for which it is laid, and that it shall be used only in the 
winter season, and shall order the persons for whose accommo- 
dation it is laid, to pay into the town treasury an amount equal 
to the damages of such location for the benefit of the owner of 
the land over which it is laid, and the expenses of such location, 
and it shall not be accepted by the town until such amount 
is so paid. No town shall be liable for damage to any person 
traveling on such way. R. S. c. 23, § 17. 

A town, at a meeting called by warrant containing an article 
for the purpose, may discontinue a town or private way: and 



282 TOWN WAYS AND PEIVATE WAYS. 

the municipal officers shall estimate the damages suffered by any 
person thereby. lb. § 19. It may, by an ordinance, set off por- 
tions of its ways or streets as sidewalks, and require them to be 
kept clear of snow and other obstructions ; and may authorize 
trees to be planted by their side. R. S. c. 4, § 93. 

If any person's property is damaged by laying out, altering or 
discontinuing a highway or town way, the county commissioners 
or the municipal officers of towns shall estimate the amount, and 
in their return state the share of each separately ; damages shall 
be allowed to the owners of reversions, and remainders, and to* 
tenants for life, and for years, in proportion to their interests in 
the estate taken; but said commissioners or officers shall not 
order such damages to be paid, nor shall any right thereto accrue 
to the claimant, until the land over which the highway or alter- 
ation is located, has been entered upon and possession taken, for 
the purpose of construction or use. R. S. c. 23, § 7. 

The damages for a town way shall be paid by the town ; for a 
private way, by those for whose benefit it is stated in the petition 
to be, or wholly or partly by the town, if under an article in the 
warrant to that effect it so votes at the meeting accepting such 
private way ; or by cities, if it is proposed in the return laying 
out such way. Any person aggrieved by the estimate of such 
damages may have them determined as provided in section eight 
of chapter twenty-three of the revised statutes by written 
complaint to the supreme judicial court, returnable at the term 
thereof next to be held within the county where the land lies,, 
after sixty days from the date of the establishment, alteration or 
discontinuance of such way by the town at its town meeting. 
The complaint shall be served at least thirty days before said 
term by delivering in hand an attested copy to the clerk of the 
town where the land lies, and by posting attested copies in two 
public and conspicuous places within said town and in the vicin- 
ity of the way. But the final judgment shall be recorded in said 
court, and shall not be certified to the county commissioners* 
When any person aggrieved by the estimate of damages for his- 
land taken for a town or private way, honestly intended to 
appeal therefrom and has by accident or mistake omitted to take 
his appeal within the time provided by law, he may at any time 
within six months after the expiration of the time when said 
appeal might have been taken, apply to any judge of the supreme 
judicial court in term time or vacation, stating in his said appli- 
cation the facts of his case, and said judge, after due notice and 
hearing, may grant to such petitioner permission to take his said 



TOWN WAYS AND PRIVATE WAYS. 283 

appeal to such term of said court as said judge shall direct, and 
on such terms as said judge shall order, and the subsequent pro- 
ceedings thereon shall be the same and with the same effects as 
if said appeal had been seasonably taken. R. S. c. 23, § 20. 

No such way shall be opened or used until after sixty days 
from its acceptance by the town, and if within that time notice 
of such appeal or petition is filed with the town clerk, such way 
shall not be opened or used until finally located by the appellate 
tribunal. R. S. c. 23, § 22. 

When a town way, private way or highway, is wholly or partly 
discontinued by the commissioners, a time shall be fixed for it. 
And when laid out by them the way shall be regarded as discon- 
tinued, if not opened within six years from the time allowed 
therefor. When town or private ways are finally located by 
municipal officers, unless the land is entered upon and possession 
taken for said purpose within two years after the laying out or 
alteration, the proceedings are void. R. S. c. 23, § 38. 

When a way or street is raised or lowered by a road commis- 
sioner or person authorized, to the injury of an owner of adjoin- 
ing land, he may within a year, apply in writing to the municipal 
officers, and they shall view such way or street and assess the 
damages, if any have been occasioned thereby, to be paid by the 
town, and any person aggrieved by said assessment, may, in 
addition to any other remedy now provided by law, have them 
determined, on complaint to the supreme judicial court, in the 
manner prescribed in section twenty of this chapter. Said com- 
plaint shall be filed at the term of the supreme judicial court, 
next to be held within the county where the land is situated, 
after sixty days from the date of the assessment. R. S. c. 23, 
§68. 

When a way is legally discontinued, the public right of pas- 
sage ceases, and the owner has his land again, free from incum- 
brance ; but if it is discontinued before it is opened, a person 
who sustains damage by such discontinuance is entitled to 
recover such damage. 

The authority of towns extends only to town and private 
ways. 

The contractors with a town to make and open a county road, 
which the town is bound to build, are not restricted in reference 
to suitable means in which to effect their object, provided oppor- 
tunity is given to the owner of land over which the road passes 



284 TOWN WAYS AND PRIVATE WAYS. 

to take from it such things as he has a legal right to do. 
36 Me. 551. 

An unrestricted vote to discontinue a town way takes effect 
from its passage. 37 Me. 52. Legal laying out may be inferred, 
after a long time, from facts tending to show that alleged way 
was a town way. lb. A town way which had its origin and 
continuance by virtue of a legal location, may be discontinued, 
although used for more than twenty years. lb. 

Use of way for three years held to be a sufficient opening to 
render awarded compensation payable. 83 Me. 250. 

Town may be indicted for neglecting to open a way within 
the time limited. 86 Me. 277. 

Municipal officers must maintain highway monuments and 
replace them forthwith when destroyed. R. S. c. 23, § 11. 

Courts of sessions have no original jurisdiction in laying out 
town or private ways ; their jurisdiction is merely appellate ; 
and, even then, is confined to two cases : where the selectmen 
shall unreasonably refuse to lay it out, and where the town shall 
unreasonably delay or refuse to approve and allow the same. 
10 Me. 24. 

By statute eighteen hundred and thirty-nine, chapter three 
hundred and sixty-seven, county commissioners were deprived of 
the power to lay out roads not extending into two or more 
towns, unless where a town had refused to lay out a private way 
from a town or county road to the lot or lots of land on which 
the petitioner should live. 21 Me. 377. 

While that statute was in force, the mere refusal of the select- 
men to lay out a private way, where the town had not acted in 
the matter, did not give jurisdiction to the commissioners. lb. 

A town way may be laid out on the petition of an inhabitant, 
whether he is an owner or occupier of land or not ; but a private 
way can only be laid out either for residents who occupy, or 
non-residents who own, cultivated land which such way will con- 
nect with a town or county road. 62 Me. 325. 

Under revised statutes of eighteen hundred and fifty-seven, 
chapter eighteen, section eighteen, the selectmen may lay out a 
town or private way for the inhabitants of the town, from what- 
ever place it leads. 51 Me. 570. 

But the selectmen can lay out such a way for persons not 
inhabitants, only when the petitioners are the owners of culti- 



TOWN WAYS AND PRIVATE WAYS. 285 

vated land in the town, and the way leads from such land to a 
town or highway. lb. 

By the charter of the city of Portland, the city council, com- 
posed of the mayor, aldermen, and city council, have all the 
powers to locate, widen, or otherwise alter streets and public 
ways, which, by the general law, is conferred upon the inhab- 
itants and selectmen of towns. 45 Me. 241 ; 57 Me. 42. 

By section three, of the city ordinances, the city council are 
authorized to refer all applications for the location or alteration 
of streets to a committee, to inquire into the matter and report. 
Such committee, for this purpose, represent the city council ; 
and all notices to parties to appear and be heard before such 
committee, are regarded as notices to appear and be heard before 
the city council, to whom everything material may be expected 
to be reported. It is not necessary that parties should have 
notice to appear and be heard before the city council. lb. 

The location or alteration of a street, and awarding damages 
to parties injured thereby, is not an act for the appropriation of 
money ; and it is not necessary that such act should be approved 
by the mayor. 45 Me. 241. 

A way can be located across tide water, only by authority of 
the legislature, which must be strictly pursued. 64 Me. 456. 

It is not necessary, that the common convenience should be 
promoted, to authorize the laying out of private ways. 21 Me. 
377. 

All which the statute requires, as evidence that a road, laid 
out by the selectmen, is for the benefit of the town, or of an 
individual, is, that it be approved and allowed by the town, in a 
legal meeting called for the purpose, or by the county commis- 
sioners on appeal. 18 Me. 183. 

The records of the city council need not show that they 
adjudge the widening of a street to be of "common convenience 
and necessity," before they proceed to make the alteration. 61 
Me. 434. 

It is necessary to the legality of a town way, that due notice 
be previously given by the selectmen to all persons interested in 
the location ; that they make return of their doings, under their 
hands, to the town ; and that it be accepted and allowed by the 
town, at a legal meeting called for that purpose. The two 
latter facts may be proved by the record ; but the return of the 
selectmen is not sufficient evidence of the notice. 3 Me. 488. 



286 TOWN WAYS AND PRIVATE WAYS. 

What is reasonable notice to be given by the selectmen to the 
owner of land over which they are about to lay out a road, will 
depend upon circumstances. Where the owners were trustees 
of an academy, a majority of whom lived in the town, notice of 
seven days was sufficient. 11 Me. 109. 

The selectmen are bound to give notice to the owner of the 
land, and to conform to the other provisions of the statute, 
though, by a reservation in his title deed, such owner be not 
entitled to damages. 10 Me. 335. 

Where the return of a town road showed that it was laid out 
by a majority of the selectmen, at a meeting held at a specified 
time and place, in pursuance of notice in a public newspaper 
published in the same town, it was Held, to be good. 12 Me. 
271 ; 18 Me. 344. 

Notice of the intended location of a town way by the select- 
men, may be given, either to the mortgager or mortgagee of the 
land. 13 Me. 250. 

Where a town way has been opened, publicly used, and 
acquiesced in, the legal presumption is, that the owners of the 
land were duly notified. 3 Me. 438. 

That a land owner had due notice of the selectmen's meeting 
to locate a town way, may be inferred from a notification sea- 
sonably inserted in a newspaper published in his neighborhood. 
35 Me. 242. 

A statement, in the record of the proceedings, that notice 
was given by the selectmen before they proceeded to act, is, 
prima facie, evidence of the fact. 18 Me. 183. 

Under section nine, of the charter of the city of Portland, pro- 
viding that the city council "have exclusive authority to lay out, 
alter, or discontinue any and all streets," etc., in the city, a 
notice reciting a petition to lay out and re-run a certain street, 
and designating the time and place where and when the com- 
mittee of the council will meet the parties interested, and will 
adjudge and determine whether the public convenience requires 
such street to be laid out, is a sufficient notice. 57 Me. 42. 

It is not necessary that the notice be recited in detail in the 
committee's return; the "westerly part of Congress street," is 
sufficiently definite. lb. 

It is not necessary that the laying out of a town way, by the 
selectmen, should be preceded by a written or verbal request 
for that purpose. 10 Me. 335. 



TOWN WAYS AND PRIVATE WAYS. 287 

In laying out town ways over range ways, the selectmen are 
bound to conform to the statute provisions. lb. 

The city council of Bangor, acting under section six, of the 
city charter, need not lay out and widen a street strictly in 
accordance with the petition therefor; much must be left to 
their discretion. 61 Me. 434. 

While county commissioners, in the location of highways, 
must "conform substantially to the description, [in the petition,] 
without adhering strictly to its limits," it contains no such 
limitation of the powers of municipal officers in locating town 
and private ways. R. S. 1871, c. 18, §§ 1 and 18. lb. 

While the city council may make the required location, with- 
out giving the notice required by act of eighteen hundred 
and thirty-five, section one, amendatory to their charter, it has 
no authority to assess damages or betterments without giving 
it. lb. 

The first assessment being void, a second assessment may sub- 
sequently be made by a different city council from that which 
made the location. For this purpose, the city council of Ban- 
gor must be regarded as a continuing body. lb. 

The proper width of a street, must depend upon the amount 
of travel passing over it, upon the business transacted in it, and 
upon the comfort of those residing or doing business upon it. 
36 Me. 518. 

With a view to such uses, the authorities may rightfully 
locate streets in different parts of the city, varying much in 
their widths, and consequent accommodations. lb. 

The act of eighteen hundred and forty-five, chapter two 
hundred and fifty-six, does not apply to the establishment of 
public streets. lb. 

If the return of the selectmen omit to state that their notices 
were posted "in the vicinity of the proposed route," the court 
cannot determine the road to have been legally established. 43 
Me. 575. 

Where the selectmen of a town locate a highway upon the 
earth, erecting monuments on each side thereof, and make 
return of the road to the town, which is duly accepted ; and 
there is a variance between the location by monuments and the 
return, the return must govern. 14 Me. 341 ; 25 Me. 300. 

The return of the proceedings of the selectmen of a town, in 
laying out a road or way, should distinctly state whether it was 



288 TOWN WAYS AND PRIVATE WAYS. 

laid out as a town way, or a private way. It is not to be inferred' 
from other facts. 26 Me. 172. 

If the return of the selectmen, laying out a road, describe it 
as "a town road," it will be sufficient, though it do not state' 
for whose benefit it was laid out. 12 Me. 32, 271. 

The selectmen are not required to state, in their return, that 
the way will be beneficial to the town or to some one or more of 
the inhabitants. 18 Me. 183. 

The return of the laying out of a road, must be signed by a 
majority of the selectmen ; but they may depute to one of their 
number, or to any other person, the actual location, by running 
out the road, and marking and setting up monuments. 18 
Me. 344. 

And where one of their own number is employed, it is imma- 
terial whether there had been a previous consultation, or it was 
subsequently approved and ratified. lb. 

The private and special law of eighteen hundred and sixty- 
nine, chapter two hundred and twenty-seven, authorized the 
location of a way across Long Creek, in Cape Elizabeth, and 
provided that it should be by a bridge over the tide waters of 
this creek, with a suitable draw, and subject to the approval of 
the harbor commissioners of Portland : Held, that a location 
making no mention of bridge or draw, and not approved by the 
harbor commissioners, was unauthorized and void, and must be- 
quashed upon certiorari. 64 Me. 456. 

It is not necessary to the legality of a town way, that the 
return of the selectmen should be recorded before it is offered to 
the town for acceptance. 13 Me. 250 ; 18 Me. 183. 

The act of locating by the selectmen should precede the issu- 
ing a warrant to call a meeting of the inhabitants to act upon 
the subject, and it must so appear of record. 10 Me. 335 ; 21 
Me. 169; 23 Me. 123; 16 Me. 301. 

A way across the private lands of a citizen, cannot be estab- 
lished by a town vote of acceptance, without any previous loca- 
tion by the selectmen. 60 Me. 288. 

Where, after the location of a road by the selectmen, and their 
return, the town voted "to accept the road ;" after which 
another vote was passed, "to postpone the further consideration" 
of the road to an adjourned meeting ; the latter vote did not 
affect the former. 11 Me. 109. 



TOWN WAYS AND PRIVATE WAYS. 289 

Where the return was of a road laid out over a rangeway, 
describing it particularly, and the vote of the town was u to 
accept the report of the selectmen laying out the rangeway 
near J. M.'s," this is virtually an approval and allowance of the 
road as located. 12 Me. 32. 

A vote of the town, prior to the laying out by the selectmen, 
that the owners of the land, over which the road was contem- 
plated, might permit their fences to remain for one year, has no 
legal operation. lb. 

The acceptance by the city council of the city of Portland, of 
the report of the committee appointed under section three, of 
the city ordinances, locating or altering a street, is a sufficient 
compliance with revised statutes of eighteen hundred and forty- 
one, chapter twenty-five, section twenty-nine. 45 Me. 241. 

A conditional acceptance of a town or private way by a town, 
is void. And there is no provision, as in case of highways laid 
out by county commissioners, that a town or private way may 
be considered as not laid out or established, if the damages 
assessed should be greater in amount than the public conven- 
ience would require to be paid. 26 Me. 172 ; 48 Me. 456. 

If a town refuse to accept a town or private way laid out by 
the selectmen on petition of the inhabitants thereof, from what- 
ever place in the town it may lead, the aggrieved party may 
petition the county commissioners to lay out and establish the 
same. 51 Me. 570. 

The unreasonableness of their refusal should be adjudged by 
the commissioners, and entered of record, as the foundation of 
their jurisdiction in laying out the road, or it will be error. 8 
Me. 271 ; 10 Me. 24. 

The adjudication of the court of sessions, that the town 
unreasonably refused, is final and conclusive upon that point. 
12 Me. 271. 

It is competent for a committee appointed by the court of 
sessions, adhering to the termini, to vary the way from the lay- 
ing out by the selectmen. lb. 

Where no objection was taken, that one of that committee was 
not a freeholder, until after the return was made and accepted, 
the objection will be considered as waived. lb. 

A petition to the county commissioners, for laying out a town 
way to a highway, not setting out the jurisdictional facts — (as 

19 



290 TOWN WAYS AND PRIVATE WAYS. 

here, that the refusal of the municipal authorities to lay out was 
unreasonable) — may be quashed in the supreme court, on report 
of the committee of appeal. 60 Me. 328. 

County commissioners cannot act on a petition, representing 
that a town has unreasonably refused, or delayed, to allow and 
approve a town way legally laid out, and praying that the com- 
missioners accept and approve it, unless the petition or the 
record of the court shows that the application was seasonably 
made to them. 42 Me. 478; 30 Me. 19. 

A road laid out by the selectmen is still a town or private 
way, when brought before the commissioners by an appeal from 
the action of the town ; and they are required to pass such judg- 
ment, as the town should have passed. 18 Me. 183. 

County commissioners are authorized to lay out a way, on the 
unreasonable refusal of the selectmen, not only for the benefit of 
one or more individuals, but where the way would be of general 
benefit. 12 Me. 210. 

On appeal to the county commissioners, they may lay out a 
town or private way that substantially corresponds with the way 
prayed for in the petition. 51 Me. 570. 

The commissioners bad no power to establish or act upon, 
private ways, unless it appeared that the petitioners lived upon 
the lot or lots which were to be opened to a town or county 
road. 21 Me. 377. 

Under revised statutes of eighteen hundred and forty-one, 
chapter twenty-five, section thirty-four, county commissioners 
have power to approve and allow a town way, as laid out by the 
selectmen, leading from one town road to another, and passing 
through the land of the applicant under his possession and 
improvement, if the town unreasonably refuse or delay to 
approve thereof. 25 Me. 69. 

The proceedings of the commissioners will be void, in allow- 
ing and approving such town way, unless the petition or record 
shows that the laying out of the town way with "the boundaries 
and admeasurements" of the same, was reported to the town, and 
the location filed with the town clerk seven days, at least, before 
the meeting for acceptance. 40 Me. 296. 

Where a petition by "parties aggrieved" by the refusal of the 
town to accept a town way, will give the commissioners juris- 
diction to "proceed as provided in respect to highways," without 



TOWN WAYS AND PRIVATE WAYS. 291 

specially alleging all the acts and facts which constitute an 
unreasonable refusal, etc. 64 Me. 573. 

Irregularities appearing upon the face of the proceedings, 
upon roads within the jurisdiction of the court of sessions, can 
be corrected only upon certiorari. 12 Me. 271. 

The regularity of the proceedings, in laying out a town way, 
may be contested in an action of trespass, quare clausum, against 
a surveyor who proceeds to open and make it ; no certiorari 
lying to quash the proceedings. 3 Me. 438. 

Where a county road, being free, and operating to the injury 
of a neighboring turnpike, was not legally located, yet the court 
would not grant a certiorari on the petition of the turnpike cor- 
poration ; it not being directly affected in any of its vested 
rights. 8 Me. 292. 

The statute of eighteen hundred and twenty-one, chapter one 
hundred and eighteen, authorized the establishment of highways 
in unincorporated townships, at the expense of the owners. 
33 Me. 457. 

By the act of eighteen hundred and forty-one, chapter one 
hundred and ninety-six, section one, before a road is located 
across lands not situated within an organized plantation or incor- 
porated town, notice must be given of the pendency of the peti- 
tion, and of the time and place appointed to consider the same 
and adjudicate thereon. 38 Me. 492. 

The proceedings of the county commissioners, under revised 
statutes of eighteen hundred and forty-one, chapter twenty-five, 
section forty-four, must show at whose expense such road is laid 
out over any one of the townships, whether at the expense of 
the proprietors, or the county, or partly of each. 46 Me. 332; 
38 Me. 492. 

And it is not competent for the commissioners to order that 
one of such townships shall pay the expenses of opening and 
making such road through other townships. 46 Me. 332. 

The commissioners must also decide whether, in their opinion, 
a township over which such road is laid, would be enhanced in 
value thereby; and they must assess upon each tract which they 
consider to be enhanced in value, such sum as in their opinion 
would be proportionate to the value and benefits likely to result 
from the establishment of such road. lb. 

When a county road exists within the limits of an unincorpo- 
rated township, the whole township is liable to be taxed to put 



292 TOWN WAYS AND PRIVATE WAYS. 

it in repair, notwithstanding the easterly half of the township is 
owned by one set of persons^ and the westerly half by another 
set, and the road is wholly within the westerly half. 63 Me. 567. 

Under revised statutes of eighteen hundred and fifty-five, chap- 
ter eighteen, section thirty, as amended by act of eighteen hun- 
dred and fifty-eight, chapter twenty-three, the land owners have 
the privilege of paying their proportional part of the expense of 
building a road through their lands in labor ; but the expense 
of its construction was to be defrayed by assessing upon those 
lands, enhanced in value thereby, a sum sufficient to build it ; 
and an omission to lay such an assessment, as part of the orig- 
inal proceedings, will vitiate them. 63 Me. 252. 

In eighteen hundred and sixty-nine, the county commissioners 
assumed to lay an assessment, ostensibly to "repair" a road 
which the land owners had been thus ordered to build three 
years before, but had not, in fact, built : Held, that such assess- 
ment was void, because the commissioners had no authority to 
expend taxes upon a road never legally located ; also, because 
no notice of the assessment was ever given to the land owners, 
lb. 

Through public lands selected for settlement, it is made the 
duty of the land agent to cause such road to be so located as the 
public interest and the accommodation of the future settlement 
require ; but the authority to "locate" them is vested in the 
county commissioners. R. S. 1871 c. 18, § 32; c. 5, § 29 ; 60 
Me. 288. 

A dedication by the land agent, would be as unauthorized as 
a location by him. lb. 

An appeal from the decision of county commissioners, refusing 
to discontinue a road laid out in an unincorporated township, 
must be heard by the presiding judge, as provided in revised 
statutes of eighteen hundred and seventy-one, chapter eighteen, 
section thirty-five, and not by a committee as provided in sec- 
tion thirty-seven, and following sections. 63 Me. 569. 

Generally, the damages to be awarded upon a location are 
those arising from a proper construction of the way. 63 Me. 55. 

In revised statutes of eighteen hundred and seventy-one, chap- 
ter eighteen, section fifty-three, as amended by chapter forty-six 
of the acts of eighteen hundred and seventy-two, which provides 
for the recovery of damages for an injury to the owner of adjoin- 
ing land by the raising or lowering of a street or way, the 



TOWN WAYS AND PRIVATE WAYS. 293 

"owner'' designated is the owner at the time of the injury. 65 
Me. 591. 

Where an existing street or road is dug down to the injury of 
the owner of land adjoining it, it is not an alteration within the 
meaning of the statute, which will entitle him to damage. 43 
Me. 322. 

Where, at the time of a conveyance, a road had been laid over 
the land conveyed, which was an incumbrance, for which the 
grantor was liable upon his covenants, if the road be afterwards 
discontinued in part, not having been opened, the claim of the 
grantee upon the covenants would be limited to the remaining 
portion. 19 Me. 313. 

If a new location be substituted for the part so discontinued, 
the owner of the land is entitled to compensation for the incum- 
brance, notwithstanding the discontinuance of the other, lb. 

Where county commissioners, upon petition of parties ag- 
grieved by the unreasonable refusal of a town to accept a town 
way laid out by the selectmen, have located a way over the 
plaintiff's land one rod wider than, but in the course of, an old 
bridle road, subject to gates and bars, and thereafterwards a 
gate upon his land has been removed by parties unknown to 
him, and the sill upon which it ran across the old bridle road has 
been removed by the crew working under a highway surveyor 
duly appointed by the town, and the road plowed and thrown 
up, and ever since used unincumbered by gates and bars, and 
the town by vote has directed the selectmen to settle the dam- 
ages awarded to plaintiff by the commissioners, there is sufficient 
evidence that the plaintiff's land has been taken under the loca- 
tion, though the selectmen and highway surveyor testify that it 
was not their intention to make the town liable under the com- 
missioners' location, and they designed only to repair the road 
as they had been accustomed to repair the old bridle road, for 
more than twenty years. 64 Me. 573. 

The conversion of a way, dedicated to the use of purchasers 
of adjoining lots, into a public way, authorizes the award of 
nominal damages only. 60 Me. 313. 

Where a town way, located by the selectmen, is established 
by the court of sessions, upon refusal of the town to allow it, it<* 
character is not thereby changed to a county road ; but the pay- 
ment of damages is to be made by the town. 12 Me. 271. 



294 TOWN WAYS AND PRIVATE WAYS. 

The location by the selectmen, and acceptance by the town, 
of a private way for the benefit of individuals, or of a bridge 
corporation, and the assessment of damages by the selectmen, 
gives to the owner of the land, for whom the damages were 
assessed, no right of action against the town ; nor is such right 
of action given by statute eighteen hundred and twenty-one, 
chapter one huudred and eighteen, nor statute eighteen hundred 
and twenty-eight, chapter three hundred and ninety-nine. 11 
Me. 422. 

If a county road be laid and accepted over the lands of an 
individual, to whom damages are awarded by the court, and 
paid by the town, and the road is afterwards discontinued with- 
out being opened, the town cannot recover back the money paid. 
2 Me. 179. 

The county in which proceedings for the location of a high- 
way were commenced and closed, is aloue liable for damages to 
the land owners, although, before the road was completed, that 
part of the county embracing the location had been set off and 
annexed to another county. 45 Me. 419 ; 25 Me. 300. 

Petitioners for an increase of damages for the location of 
highway, can make their application to the county commissioners 
at any adjournment of the second next regular session after the 
location ; and such petition must be regarded as legally pending 
for that purpose until the close of the session. 44 Me. 368; 
12 Me. 210. 

A committee, appointed on a petition for increase of damages, 
under statute eighteen hundred and twenty-one, chapter one 
hundred and eighteen, section one, cannot act by majority. 
21 Me. 390. 

By the provisions of those statutes, the town litigant is 
answerable both for damages and costs, where an individual 
obtained an increase of damages awarded by the commissioners, 
on the location of a town road. 12 Me. 210. 

The supreme judicial court will not grant a mandamus to 
county commissioners, to correct their allowance of costs, on a 
successful petition for increase of damages. 24 Me. 151 . 

Damages cannot be separately estimated as done to the soil 
taken for a way, and to a structure thereon, but must be assessed 
as a whole, including the costs of removal, if the structure be 
removable. 64 Me. 408. 



TOWN WAYS AND PRIVATE WAYS. 295 

Taking for a way land already used for that purpose, takes all 
things upon it adapted to that use. lb. 

In the assessment of damage done to an individual by the 
establishment of a city street, requiring a removal of his build- 
ing, a provision that he should not be required to move it until 
necessary for the opening of the street, requires no special notice 
to him of the time for the removal. But that time would be 
sufficiently indicated to him by the progress made in the forma- 
tion of the street. 34 Me. 74. 

The provision of revised statutes of eighteen hundred and 
fifty-seven, chapter eighteen, section twenty-one, that "any per- 
son aggrieved" by the selectmen's estimate of damages, on laying 
out a private way, may apply for a jury on the question of dam- 
ages, refers only to persons over whose way the land passes, and 
was not intended to include the petitioner, for whose benefit the 
way is laid out, though he may be adjudged to pay the damages. 
48 Me. 282. 

If interest upon their verdict can be allowed at all by a jury 
summoned to assess damages under revised statutes of eighteen 
hundred and fifty-seven, chapter eighteen, section twelve, as 
amended by chapter thirty-nine of public laws of eighteen hun- 
dred and sixty-six, sustained by a land owner, by the location of 
town way, it can be allowed only from the time when the land 
was taken, and not from the time of location. 54 Me. 477. 

When the official return of the person appointed to preside at 
the view and hearing of such a jury, has been made and filed in 
this court, it is conclusive, and no amendment will be permitted. 
54 Me. 477. 

After entry of a petition to county commissioners, for an 
increase of damages allowed parties by the municipal officers of a 
town, for land taken in constructing a road, notice should be 
given the inhabitants of its pendency. 59 Me. 517. 

And the parties must have an opportunity to agree upon a 
committee to assess damages, and fail to do so before a jury for 
that purpose will be ordered. The verdict of a jury, thus pre- 
maturely ordered, will be set aside. lb. 

Whether the applicant for damages, occasioned by the loca- 
tion of a town way, is or not the owner of the land, is one of 
the questions to be determined by the jury or committee on the 
hearing of the parties on such application. 28 Me. 121. 



296 TOWN WAYS AND PRIVATE WAYS. 

Where, upon an appeal for land damages, occasioned by tak- 
ing for a street land alleged to belong to the appellant, the par- 
ties agreed to "refer" the question of damages "to the following 
committee," naming them, and the clerk issued a rule to the per- 
sons named as referees, who, without objection, heard the 
parties, and made their report as follows : "That Jane P. 
Thurston, at the time of laying out and establishing of Howard 
street, named in her appeal, did not own any portion of the land 
taken by said street, and was not, and is not entitled to recover 
any damages from the city therefor ; it was Held, that the title 
was a proper element for the consideration of the referees in 
estimating the damages claimed by the appellant; and that she 
cannot now object that the persons to whom was submitted the 
determination of the question of damages, acted as referees, 
rather than as a committee. 63 Me. 149. 

Upon a petition for a jury to determine the damages caused 
by the location of a railroad, the county commissioners issued 
their warrant, returnable before themselves, when the statute 
required it to be made returnable before the supreme judicial 
court. And, although the warrant and verdict of the jury were 
in fact returned as the statute directed, the proceedings were 
Held, invalid. 45 Me. 263. 

To recover for damage done to a land holder, by the location 
of a town road, he must pursue the mode prescribed by revised 
statutes of eighteen hundred and forty-one, chapter twenty-five, 
section thirty-one. Such recovery cannot be had by a statute 
submission of the claim to referees. 37 Me. 86. 

In a, suit against the town, for the damages awarded by the 
commissioners, payable when the plaintiff's land has been taken 
by the town under the commissioners' location, the court will 
not inquire whether the commissioners' location might not be 
quashed on certiorari, where the case shows that the commis- 
sioners had jurisdiction, and no proceedings to quash the record 
have been instituted. 64 Me. 573. 

When one of the selectmen of a town signs a petition for the 
laying out of a town way in his town and such selectman is one 
of the two selectmen who lay out the way and signs the return 
upon the petition for the way, the action of the selectmen in 
laying out such way is void, and would be void even if a suffi- 
cient number of the selectmen without him concurred in the 
result. 102 Me. 477. 

The laying out of a town way involves the taking of private 



TOWN WAYS AND PRIVATE WAYS. 297 

property for public use, under statute authority, and all statute 
requirements must be fully and strictly complied with. 102 
Me. 477. 

Municipal officers in laying out a way are to exercise their 
judgment as to the propriety of the way, and as to its location 
between the termini, and especially in determining whether the 
prerequisite condition exist which warrant the taking of pri- 
vate property for public use and awarding damages to owners of 
land so taken. 102 Me. 477. 

Damages for land taken for a private way are to be paid by 
the person at whose request, and for whose benefit the way is 
laid out. When a private way has been laid out for such peti- 
tioner, and has been used by him, he is estopped from denying 
the regularity of the proceedings in such laying out, in an action 
by the land owner to recover the awarded damages. 83 
Me. 244. 

Whenever the city council lay out any new street or public 
way, or widen or otherwise alter or discontinue any street or 
way in a city, and decide that any persons or corporations are 
entitled to damage therefor, and estimate the amount thereof to 
each in the manner provided by law, they may apportion the 
damages so estimated and allowed, or such part thereof as to 
them seems just, upon the lots adjacent to and bounded on such 
street or way, other than those for which damages are allowed, 
in such proportions as in their opinion such lots are benefited or 
made more valuable by such laying out or widening, alteration 
or discontinuance not exceeding in case of any lot the amount 
of such benefit ; but the whole assessment shall not exceed the 
damages so allowed. Before such assessment is made, notice 
shall be given to all persons interested of a hearing before said 
council, at a time and place specified, which notice shall be 
published in some newspaper in said city at least one week 
before said hearing. R. S. c. 23, § 33. 70 Me. 527; 84 
Me. 217. 

After said assessment has been made upon such lots or 
parcels and the amount fixed on each, the same shall be 
recorded by the city clerk, and notice shall be given within ten 
days after the assessment by delivering to each owner of said 
assessed lots resident in said city a certified copy of such 
recorded assessment, or by leaving it at his last and usual place 
of abode, and by publishing the same three weeks successively 
in some newspaper published in said city, the first publication 



298 TOWN WAYS AND PRIVATE WAYS. 

to be within said ten days, and said clerk within ten days shall 
deposit in the post office of said city, postage paid, a certified 
copy of such assessment directed to each owner or proprietor 
residing out of said city, whose place of residence is known to 
said clerk, and the certificate of said clerk shall be sufficient 
evidence of these facts, and in the registry of deeds shall be the 
evidence of title in allowing or assessing damages and improve- 
ments, so far as notice is concerned. R. S. c. 23, § 34. 

Any person not satisfied with the amount for which he is 
assessed, may, within ten days after service of the notice pro- 
vided for by the preceding section in either manner therein pro- 
vided, by request in writing given to the city clerk, have the 
assessment upon his lot or parcel of land determined by arbitra- 
tion. The municipal officers shall nominate six persons who 
are residents of said city, two of whom selected by the appli- 
cant, with a third resident person selected by said two persons, 
shall fix the sum to be paid by him, and the report of such 
referees made to the clerk of said city, and recorded by him, 
shall be final and binding upon all parties. Said reference shall 
be had and their report, made to said city clerk within thirty 
days from the time of hearing before the municipal officers as 
provided in section thirty-three. R. S. c. 23, § 35. 

All assessments made under the provisions of section thirty- 
three, shall create a lien upon each and every lot or parcel of 
land so assessed, and the buildings upon the same, which lien 
shall continue one year after said assessments are made, and 
within ten days after they are made, the clerk of said city shall 
make out a list of all such assessments, the amount of each, and 
the name of the person against whom the same is assessed, and 
he shall certify the list and deliver it to the treasurer of said 
city ; if said assessments are not paid within three months from 
the date thereof, the treasurer shall sell, at public auction, such 
of said lots or parcels of land upon which such assessments 
remain unpaid, or so much thereof, as is necessary to pay such 
assessments and all costs and incidental charges ; he shall adver- 
tise and sell the same within one year from the time said assess- 
ments are made, as real estate is advertised and sold for taxes 
under chapter ten, and upon such sale, shall make, execute and 
deliver his deed to the purchaser, which shall be good and 
effectual to pass the title of such real estate ; the sum for which 
such sale shall be made, shall be the amount of the assessment 
and all costs and incidental expenses. Any person to whom the 
right by law belongs, may at any time within one year from the 



TOWN WAYS AND PRIVATE AVAYS. 299 

date of said sale redeem such real estate by paying to the 
purchaser or his assigns the sum for which the same was sold, 
with interest thereon at the rate of twenty per cent a year, and 
the costs of re-conveyance. R. S. c. 23, § 36. 

If said assessments are not paid, and said city does not pro- 
ceed to collect said assessments, by a sale of the lots or parcels 
of land upon which such assessments are made, or does not 
collect, or is in any manner delayed or defeated in collecting 
such assessments by a sale of the real estate so assessed, then 
the said city, in the name of said city, may maintain an action 
against the party so assessed for the amount of said assessment, 
as for money paid, laid out and expended, in any court com- 
petent to try the same, and in such action may recover the 
amount of such assessment, with twelve per cent interest on 
the same from the date of said assessment, and costs. R. S. c. 
23, § 37. 

All locations made and all damages assessed for the taking of 
property by the exercise of the right of eminent domain, except 
for property taken by the United States, the State of Maine, or 
a county or municipality thereof, or a quasi municipal corpora- 
tion, and excepting property which when taken is being or is 
necessary to be used by the owner thereof in the performance of 
a public duty ; shall be made and assessed and the rights of the 
parties shall be as follows, notwithstanding anything contained 
in the act granting such right, whether the same has been here- 
tofore, or shall be hereafter passed. P. L. 1905 c. 164, § 1. 

All property so taken shall, before it is entered upon for any 
purpose except to make surveys, be located by a description, 
signed by the party taking, which shall describe in detail the 
property taken, and give the names of the owners thereof, and 
shall be accompanied by a map showing said property as 
described. Such location and map shall be filed with the county 
commissioners of the county where the property is located, who 
shall indorse the time of filing thereon, and order the location 
recorded. A copy of said location shall be recorded in the 
registry of deeds for the place where the property is located. 
When for any reason, the taker fails to acquire the property 
authorized to be taken and which is described in such location, 
or the location recorded is defective or uncertain, the taker may, 
at any time, correct and perfect such location, and file a new 
description thereof ; and in such case the taker is liable in dam- 
ages, only for property for which the owner had not previously 
been paid, to be assessed as of the time of the original taking, 



300 TOWN WAYS AND PRIVATE WAYS. 

and the taker shall not be liable for any acts which would have 
been justified if the original taking had been valid and legal. 
P. L. 1905 c. 164, § 2. 

For all property taken by the exercise of the right of eminent 
domain the owners are entitled to damages to be paid by the 
taker and estimated by the county commissioners, on written 
application of either party, made within three years after such 
taking; or, if proceedings thus commenced fail for causes not 
affecting the merits, new ones may be commenced within one 
year thereafter, and when no estimate is made within such time 
the owner may maintain an action of trespass, or have any 
remedy herein provided. The guardian of a person incapable of 
giving a valid conveyance whose property is taken, may settle 
and give a valid release for damages; and persons having any 
interest in such property have the rights and remedies of owners 
to the extent of their interest. When requested by the owner 
said commissioners shall require the taker to give security for 
the payment of damages and costs, by depositing at its risk, with 
the clerk, within thirty days, specie, notes or obligations of a 
state or public corporation, or other security satisfactory to the 
party requiring it. When entitled to it, so much of any specie 
so deposited shall be paid to him as will satisfy his judgment. 
Notes or obligations so deposited shall be delivered to the officer 
having a warrant of distress, to be by him sold as personal prop- 
erty is sold on execution, to satisfy the warrant and fees, and 
any balance shall be paid to the taker of such property. P. L. 
1905 c. 164, § 3. 

In all cases of petition to the commissioners of any county 
praying for the assessment of damages on account of any prop- 
erty so taken, the notice to the adverse party of the time and 
place of hearing thereon shall be a personal notice of fourteen 
days, or by publication of the petition and order of notice 
thereon in some newspaper published in said county, two weeks 
successively, the last publication being fourteen days before said 
hearing. P. L. 1905 c. 164, § 4. 

Said commissioners, in awarding damages for property so 
taken, on the application of the taker, may prescribe such terms 
and conditions, in all respects for the use of the property taken, 
by the owner thereof, and by the taker respectively, as will 
secure the best accommodation of the owners of the property, 
and the convenient use of the same by the taker. In case of 
appeal by either party the only question in issue shall be the 



TOWN WAYS AND PRIVATE WAYS. 301 

amount or measure of damages on the terms and conditions 
imposed by the commissioners. P. L. 1905 c. 164, § 5. 

Said commissioners shall, at a regular session, make a report 
of their general estimate of damages, stating therein specifically, 
the terms and conditions imposed by them and the rights and 
obligations of each party, and cause it to be recorded; their 
clerk shall then make out a notice to each person, stating the 
amount of damages awarded to him, which shall be served by an 
officer on those resident in the state, and upon others, if any, by 
a publication three weeks successively in a newspaper printed in 
the county, if any, if not, in the state paper. The expense of 
notices shall be added to the costs of the proceedings which shall 
be paid by the taker. P. L. 1905 c. 164, § 6. 

Any person aggrieved by the decision or judgment of the 
county commissioners in relation to damages for property taken, 
may appeal to the next term of the supreme court to be held in 
the county where the property is situated, more than thirty days 
from the date when the report of the commissioners is made, 
excluding the day of the commencement of the session of the 
court, which court shall determine the same by a committee of 
reference if the parties so agree, or by the verdict of its jury ; 
and shall render judgment and issue execution. If the owner 
appeal and the damage finally recovered is not more than the 
award of the county commissioners, the taker shall recover costs 
from the time of appeal, otherwise the owner shall recover costs. 
If the taker appeal and the damage finally recovered is not less 
than the award of the county commissioners, the owner shall 
recover costs from the time of appeal, otherwise the taker shall 
recover costs. The appellant shall serve written notice of such 
appeal upon the opposite party fourteen days at least before the 
session of said court, and shall at the first term file a complaint 
setting forth substantially the facts of the case. On the trial 
exceptions may be taken as in other cases. P. L. 1905 c. 164, 

§7. 

When the proceedings are closed the taker may deposit with 
the clerk the sum for which execution was issued with interest 
thereon to time of deposit, which shall be in full satisfaction of 
all claims unless a demand has been previously made and pay- 
ment neglected. P. L. 1905 c. 164, § 8. 

When the damages remain unpaid for more than thirty days 
after they are due and demanded or the security hereinbefore 
provided for is not deposited, a bill in equity may be filed in 



302 TOWN WAYS AND PRIVATE WAYS. 

court, in term time or vacation, by the person whose property is 
taken praying for an injunction against the use or occupation of 
his property taken. If proceedings for an estimation of damages 
are not commenced within three years, and the owner of the 
property files a bill praying therefor, the court may estimate the 
damages, decree their payment and issue an execution therefor ; 
and the plaintiff shall be entitled to a bill for an injunction. In 
either case, any justice of the court, after summary notice to the 
taker and upon proof of the facts, may, without any bond filed, 
issue an injunction prohibiting such use and occupation until all 
damages and costs are paid. The bill shall be entered, service 
of it made, and continued at the next term after the injunction 
is issued. At the second .term, if payment has not been made, 
the injunction may be made absolute ; and all rights acquired by 
taking the property cease, and the owner may maintain an action 
for its recovery and protection. P. L. 1905 c. 164, § 9. 

Service of an injunction issued against any person whether a 
party to the bill or not, may be made upon him and he shall be 
liable to all the penalties and consequences provided for a breach 
of it. The court may order persons violating such injunction, 
after service, or using the property, to show cause at a time 
fixed, why a decree should not be entered and execution issued 
against them individually, and their goods and estate, for the 
damages, interest, costs, and for additional damages and costs for 
breach of the injunction. Upon service and return of such order, 
the court may enter such decree as is just and equitable against 
such persons, and issue execution accordingly, or may proceed 
against them as for breach of injunction in other chancery cases. 
P. L. 1905 c. 164, § 10. 

No failure by the owner of the property to make application 
for the assessment of damages within said three years, shall be 
held to be a waiver by him of compensation for property so 
taken. P. L. 1905 c. 164, § 11. 

This act shall not apply to petitions for assessment of damages 
already brought ; except as to such petitions, all acts or parts of 
acts inconsistent herewith, are hereby repealed. This act shall 
in no way affect section thirty-three of chapter fifty-one of the 
revised statutes. P. L. 1905, c. 164, § 12. 

The provisions of the foregoing act shall not apply to steam 
railroads, and all acts and parts of acts relating to or applying to 
steam railroads repealed by the foregoing act are hereby revived. 
P. L. 1907 c. 70. 



HIGHWAYS LOCATION OF, ETC. 303 



CHAPTER XXXVI. 



HIGHWAYS— LOCATION, ALTERATION AND DISCON- 
TINUANCE OF. 

County commissioners may lay out, alter or discontinue high- 
ways leading from town to town, and grade hills in any such 
highway. Nothing in any city charter shall be so construed as 
to deprive them of the power to lay out, alter or discontinue 
■county roads within the limits thereof. Responsible persons may 
present, at their regular session, a written petition describing a 
way and stating whether its location, alteration, grading or dis- 
continuance is desired, or an alternative action, in whole or in 
part. The commissioners may act upon it, conforming substan- 
tially to the description, without adhering strictly to its bounds. 
K. S. c. 23, § 1. Authority of commissioners. 11 Me. 276 ; 15 
Me. 22; 19 Me. 343; 26 Me. 356, 409; 31 Me. 270; 32 Me. 
568; 37 Me. 559; 39 Me. 584; 40 Me. 437; 42 Me. 401; 
,59 Me. 89; 64 Me. 457; 70 Me. 408; 77 Me. 130; 78 Me. 
156 ; 79 Me. 526; 87 Me. 151 ; 102 Me. 157. Petition. 2 Me. 
53; 3 Me. 105; 26 Me. 356, 408; 32 Me. 568 ; 37 Me. 119; 
63 Me. 114; 68 Me. 407, 497 ; 78 Me. 537 ; 80 Me. 44. 

Being satisfied that the petitioners are responsible, and that 
an inquiry into the merits is expedient, they shall cause thirty 
days' notice to be given of the time and place of their meeting, 
by posting copies of the petition, with their order thereon, in 
three public places in each town in which any part of the way is, 
and serving one on the clerks of such towns, and publishing it in 
some newspaper, if any, in the county. The fact that notice has 
been so given, being proved and entered of record, shall be suf- 
ficient for all interested, and evidence thereof. R. S. c. 23, § 2 ; 
19 Me. 343; 30 Me. 305; 68 Me. 406, 497; 83 Me. 116. 

When their decision is against the prayer of the petitioners, 
they shall order them to pay to the treasurer of the county, at a 
time fixed, all expenses incurred on account of it ; and if they 
are not then paid, they shall issue a warrant of distress against 
the petitioners therefor." R. S. c. 23, § 3 ; 2 Me. 54 : 3 Me^ 105 : 
68 Me. 497; 83 Me. 115. 



304 HIGHWAYS — LOCATION OF, ETC. 

They shall meet at the time and place appointed, and view 
the way, and there, or at a place in the vicinity, hear the parties 
interested. If they judge the way to be of common convenience 
and necessity, or that any existing way shall be altered, graded 
or discontinued, they shall proceed to perform the duties required ; 
make a correct return of their doings, signed by them, accom- 
panied by an accurate plan of the way, and state in their return 
when it is to be done, the names of the persons to whom dam- 
ages are allowed, the amount allowed to each, and when to be 
paid. When the way has been finally established and opened to 
travel, they shall cause durable monuments to be erected at the 
angles thereof. R. S. c. 23, § 4. Return. 12 Me. 212; 14 Me. 
343 ; 23 Me. 13, 513; 26 Me. 409; 30 Me. 307 ; 35 Me. 377 ; 
49 Me. 145; 51 Me. 384; 65 Me. 292 ; 72 Me. 430 ; 78 Me. 
172; 79 Me. 528; 83 Me. 116; 89 Me. 252; 91 Me. 51. 
Angles and monuments. 25 Me. 304 ; 35 Me. 377 ; 49 Me. 148. 
Validity of proceedings. 8 Me. 272, 293; 11 Me. 473; 19 Me. 
343; 23 Me. 11, 513; 24 Me. 152; 26 Me. 356, 408; 30 Me. 
306; 31 Me. 270; 32 Me. 568; 37 Me. 120, 559; 42 Me. 400; 
49 Me. 145; 52 Me. 27 ; 68 Me. 407 ; 73 Me. 324; 81 Me. 
411; 83 Me. 523. Damages. 19 Me. 315 ; 45 Me. 424 ; 49 Me. 
145 ; 52 Me. 27 ; 54 Me. 478 ; 60 Me. 540 ; 61 Me. 442; 63 Me. 
28 ; 67 Me. 460, 464. 

Their return, made at their next regular session after the hear- 
ing, shall be placed on file, and remain in the custody of their 
clerk for inspection without record. The case shall be continued 
to their next regular term, and at any time on or before the 
third day thereof, if no appeal from the location be taken, all 
persons aggrieved by their estimate of damages shall file their 
notice of appeal. If no such notice is then presented or pending,, 
the proceedings shall be closed, recorded and become effectual ; 
all claims for damages not allowed by them be forever barred ; 
and all damages awarded under the first thirteen sections of this 
chapter, paid out of the county treasury. But if an appeal from 
the location be taken in accordance with section fifty-two, then 
notice of appeal on damages may be filed with the clerk of the 
county commissioners within sixty days after the final decision 
of the appellate court in favor of such way, has been certified to 
him, to the supreme judicial court first held in the county where 
the land is situated, more than thirty days after such notice of 
appeal is filed, which court shall determine the same in the same 
manner as is provided in section eight, when no appeal on loca- 
tion is taken. R. S. c. 23, § 5 ; 23 Me. 11 ; 25 Me. 304 ; 30 Me. 



HIGHWAYS LOCATION OF, ETC. 305 

308 ; 59 Me. 391 ; 78 Me. 101, 169 ; 31 Me. 272; 32 Me. 568 ; 
42 Me. 399; 59 Me. 391 ; 63 Me. 28; 83 Me. 522. 

When a notice of appeal for increase of damages is presented 
within the time allowed, the case shall be further continued until 
a final decision respecting damages is made. If they then are of 
opinion that their proceedings, or any part thereof, ought not to 
take effect, subject to such damages as have been assessed, they 
shall enter a judgment that the prayer of the petitioners, or any 
part thereof, designating what part, is not granted for that rea- 
son. Upon such judgment no damages shall be allowed for that 
part of the prayer of the petitioners not granted, but the costs 
shall be paid by the county ; or if of opinion that such increase 
of damages should prevent a confirmation of a part or parts only 
of their proceedings, they shall designate such part or parts, and 
enter judgment accordingly ; and the whole proceedings shall be 
recorded and become effectual. But the provisions of this sec- 
tion shall not apply when a location has been determined by a 
committee of the supreme judicial court upon appeal from the 
decision of the county commissioners thereon. In such case pro- 
ceedings regarding the location shall become effectual as if no 
appeal for increase of damages had been taken. R. S. c. 23, § 6 ; 
63 Me. 29; 78 Me. 173. 

If any person's property is damaged by laying out, altering or 
discontinuing a highway or town way, the county commissioners or 
the municipal officers of towns shall estimate the amount, and in 
their return state the share of each separately ; damages shall be 
allowed to the owners of reversions, and remainders ; and to 
tenants for life, and for years, in proportion to their interests in 
the estate taken; but said commissioners or officers shall not 
order such damages to be paid, nor shall any right thereto accrue 
to the claimant, until the land over which the highway or alter- 
ation is located, has been entered upon and possession taken, for 
the purpose of construction or use. R. S. c. 23, § 7 ; 71 Me. 
140 ; 84 Me. 54 ; 91 Me. 51 ; 93 Me. 127. 

Any person aggrieved by the estimate of damages by the 
county commissioners, on account of the laying out or discon- 
tinuing of a way, may appeal therefrom, at any time before the 
third day of the regular term succeeding that at which the com- 
missioners' return is made, to the term of the supreme judicial 
court, first held in the county where the land is situated, more 
than thirty days after the expiration of the time within which 
such appeal may be taken, excluding the first day of its session, 

20 



306 HIGHWAYS — LOCATION OF, ETC. 

which court shall determine the same by a committee of reference 
if the parties so agree, or by a verdict of its jury, and shall render 
judgment for the damages recovered, and judgment for costs in 
favor of the party entitled thereto, and shall issue execution for 
the costs only. The appellant shall file notice of his appeal with 
the county commissioners within the time above limited, and at 
the first term of the court shall file a complaint setting forth sub- 
stantially the facts, upon which the case shall be tried like other 
cases. The clerk shall certify the final judgment of the court to 
the county commissioners, who shall enter the same of record, 
and order the damages therein recovered to be paid as provided 
in section seven. The party prevailing recovers costs to be taxed 
and allowed by the court, except that they shall not be recovered 
by the party claiming damages, but by the other party, if on such 
appeal by either party, said claimant fails to recover a greater 
sum as damages than was allowed to him by the commissioners. 
The compensation of the committee shall, be the same as com- 
missioners would have for like services, to be allowed by the 
court and paid from the county treasury upon the certificate of 
the clerk of courts. R. S. c. 23, § 8 ; 21 Me. 390; 77 Me. 181 ; 
78 Me. 173; 83 Me. 535; 84 Me. 54; 89 Me. 313; 91 Me. 51; 
96 Me. 249. 

The owners of land taken shall be allowed not exceeding one 
year after the proceedings, regarding the location, are finally 
closed to take off timber, wood or any erection thereon. A time 
not exceeding two years shall be allowed for making and opening 
the way. R. S. c. 23, § 9; 8 Me. 137; 39 Me. 116 ; 64 Me. 
409 ; 84 Me. 100. 

When the way is discontinued before the time limited for the 
payment of damages, the commissioners may revoke their order 
of payment, and estimate the damages actually sustained, and 
order them paid. Any person aggrieved may have them assessed 
by a committee or jury, as herein provided. R. S. c. 23, § 10 ; 
93 Me. 130. 

When the true boundaries of highways or town ways duly 
located, or of which the location is lost, or which can only be 
established by user, are doubtful, uncertain or lost, the county 
commissioners of the county wherein such highway or town way 
is located, upon petition of the municipal officers of the town 
wherein the same lies, shall, after such notice thereon as is 
required for the location of new ways, proceed to hear the parties, 
examine said highway or town way, locate and define its limits 



HIGHWAYS LOCATION OF, ETC. 307 

and boundaries by placing stakes on side lines at all apparent 
intersecting property lines, and at intervals of not more than one 
hundred feet and cause durable monuments to be erected at the 
angles thereof, make a correct return of their doings, signed by 
them, accompanied by an accurate plan of the way, and if any 
real estate is damaged by said action, shall award damages to the 
owner as in laying out new highways, in the case of highways to 
be paid by the county and in the case of town ways to be paid 
by the town. Said municipal officers shall maintain all highway 
or town way monuments, and replace them forthwith when 
destroyed. If any appeal for increase of damages is taken, and 
the commissioners are of opinion that their proceedings here- 
under, or any part thereof, ought not to take effect, they shall 
enter a judgment that the prayer of the original petitioners or 
any part thereof, designating what part is not granted for that 
reason. Upon such judgment no damages shall be allowed for 
that part of the prayer of the petitioners not granted, but the 
costs shall be paid by the county. R. S. c. 23, § 11 ; 83 Me. 42. 

When a petition is presented respecting a way in two or more 
counties, the commissioners receiving the petition being satisfied 
as aforesaid, may call a meeting of the commissioners of all the 
counties, to be held at a time and place named, by causing an 
attested copy of such petition and of their order thereon, to be 
served upon their chairman ; and they shall give notice of such 
meeting by causing a like copy to be published in the state paper 
and in one paper, if any, printed in every such county, and by 
posting it in three public places in each town interested, and 
serving it on the clerk thereof. These notices shall be posted, 
served and published thirty days before the time of meeting. 
R. S. c. 23, § 12; 52 Me. 213; 65 Me. 214. 

Each county must be represented at such meeting by a major- 
ity of its commissioners. A majority of those present may 
decide upon the whole matter. The duty of carrying that judg- 
ment into effect, shall be performed in each county by its own 
commissioners in the manner respecting ways wholly within it. 
When each county is not so represented, those present may 
adjourn the meeting to another time. R. S. c. 23, § 13 ; 25 Me. 
292; 45 Me. 424; 52 Me. 213; 73 Me. 57. 

When proceedings have been had by the county commission- 
ers on a petition for laying out, altering, grading or discontinu- 
ing a way in two or more counties, an appeal may be taken in 
the manner provided in case of a way wholly in one county. 
R. S. c. 23, § 14. 



308 HIGHWAYS LOCATION OF, ETC. 

When an appeal is so taken, it shall be filed with the commis- 
sioners of, and subsequent proceeding shall be had in, the county 
where proceedings originated and the commissioners with whom 
such appeal is filed shall immediately give notice of such appeal 
to the commissioners of all the counties interested, and the clerk 
of courts shall certify the final judgment of court to the commis- 
sioners of all said counties. R. S. c. 23, § 15 ; 86 Me. 142. 

When a town way, private way or highway, is wholly or partly 
discontinued by the commissioners, a time shall be fixed for it. 
And when laid out by them the way shall be regarded as discon- 
tinued, if not opened within six years from the time allowed 
therefor. When town or private ways are finally located by 
municipal officers, unless the land is entered upon and possession 
taken for said purpose within two years after the laying out or 
alteration, the proceedings are void. R. S. c. 23, § 38 ; 12 Me. 
237; 43 Me. 428; 59 Me. 543; 71 Me. 240 ; 79 Me. 273: 91 
Me. 138 ; 95 Me. 51. 

When a town way or highway is not opened and made pass- 
able by the town liable, or a hill therein has not been graded, 
within the time prescribed therefor by the commissioners, they 
may, after notice to the town, cause it to be done by an agent, 
not one of themselves, on petition of those interested. The 
agent shall make a written contract therefor and file a copy of it 
in the clerk's office ; and the commissioners shall forthwith cer- 
tify to the assessors of the town interested, the time when such 
contract is to be completed, and the amount to be paid therefor. 
They may examine the doings of their agent, and at pleasure 
remove him and appoint another. His account shall not be 
allowed without notice to the town. When the contract has 
been completed and the accounts allowed, the town shall pay the 
amount expended, with the expenses of the agent for superin- 
tendence, and for procuring the allowance of his account. If 
the town neglects to pay for thirty days, a warrant of distress 
shall be issued by the commissioners to collect the same. R. S. 
c. 23, § 39 ; 25 Me. 303 ; 37 Me. 120, 555 ; 49 Me. 145 ; 59 Me. 
84 ; 64 Me. 331 ; 71 Me. 240 ; 80 Me. 429 ; 83 Me. 115. 

When a highway is laid out through a town and an agent 
appointed by the county commissioners to open and make it, 
and the record location thereof cannot be found on the face 
of the earth or consistently applied thereto, or said agent is 
not making said highway according to the record location, the 
municipal officers or town agent, may file a bill in equity in the 
supreme judicial court, setting forth the facts aforesaid and 



HIGHWAYS LOCATION OF, ETC. 309 

praying an injunction to stay the proceedings of said road agent ; 
and any justice of said court shall issue a summary notice to said 
road agent to appear before him to answer said petition ; and on 
a hearing of the parties may issue a temporary injunction upon 
such terms and conditions as he deems reasonable ; and subse- 
quent proceedings on the bill shall be similar to proceedings in 
equity in other cases. R. S. c. 23, § 40. 

Plantations organized under section one hundred and fourteen 
of chapter four of the revised statutes have like powers and are 
subject to like liabilities and penalties as towns respecting ways. 
Their assessors have like powers and shall perform like duties, 
as municipal officers of towns, respecting them. R. S. c. 23, 
§41; 20 Me. 298. 

A person entitled to receive payment of damages or costs, 
may, after thirty days from demand on the treasurer of the 
county, or town, or on the party liable therefor, recover them in 
an action of debt. R. S. c. 23, § 42 ; 45 Me. 429 ; 83 Me. 246 ; 
93 Me. 231. 

The county commissioners, on petition as provided in section 
one, may lay out, alter or discontinue a highway on any tract of 
land in their county, not within any town or plantation required 
to raise money to make and repair highways ; and all expenses 
for making and opening the same shall be paid by the owners 
thereof, excluding lands reserved for public uses, in proportion 
to their interest in the lands over any part of which it is laid, 
except as provided in chapter nine, section fifty-six. R. S. c. 23, 
§43; 3 Me. 133; 17 Me. 197; 27 Me. 294; 30 Me. 352 ; 33 
Me. 458 ; 38 Me. 495 ; 46 Me. 346 ; 60 Me. 289 ; 63 Me. 255 ; 
80 Me. 285; 83 Me. 517. 

If they think that there ought to be a hearing, they shall cause 
notice to be given of the time and place appointed therefor, 
by service of an attested copy of the petition with their order 
thereon, upon the owners of such lands, if known, fourteen days 
before that time, and if unknown, by a publication thereof in the 
state paper for six successive weeks, the last, thirty days before 
that time. No proceedings shall take place until it is proved 
that such notice has been given. R. S. c. 23, § 44 ; 38 Me. 495. 

After hearing the parties at the time and place appointed, 
they may proceed as provided in section four. R. S. c. 23, § 45. 

Any party interested in such decision may appeal therefrom 
to the supreme judicial court, to be entered at the term thereof 
first held after such decision, in said county. And all further 



310 HIGHWAYS — LOCATION OF, ETC. 

proceedings before the commissioners shall be stayed until a 
decision is made in the appellate court. If no person appears at 
that term to prosecute the appeal, the judgment of the commis- 
sioners shall be affirmed. If the appeal is then entered, not 
afterwards, the court may appoint a committee of three disinter- 
ested persons, who shall be sworn, and if one of them dies, 
declines or becomes interested, the court shall appoint another 
in bis place, and they shall cause notice to be given of the time 
and place of hearing before them, by publication thereof in the 
state paper for six successive weeks, the last publication to be 
fourteen days, at least, before the day of hearing, and personal 
notice to the appellant and to the chairman of the county com- 
missioners, thirty days, at least, before the time set for hearing ; 
they shall view the route, hear the parties, and make their report 
at the next or second term of the court after their appointment, 
whether the judgment of the commissioners should be in whole 
or in part affirmed, or reversed, which, being accepted and judg- 
ment thereon entered, shall forthwith be certified to the clerk of 
the commissioners. If the judgment of the commissioners in 
favor of laying out, grading or altering a way as prayed for, is 
wholly reversed on appeal, the commissioners shall proceed no 
further. If their judgment is affirmed in whole, or in part, they 
shall carry into effect the judgment of the appellate court ; and 
in all cases, they shall carry into full effect the judgment of the 
appellate court, in the same manner as if made by themselves; 
and the party appealing or prosecuting shall pay the costs 
incurred since the appeal, if so adjudged by the appellate court, 
which may allow costs in such cases to the prevailing party, to 
be paid out of the county treasury. The compensation of the 
committee shall be the same as commissioners would have for 
like services, to be allowed by the court. The costs allowed to 
the prevailing party, and the fees of the committee shall be col- 
lected as provided in section three. R. S. c. 23, § 46 ; 59 Me. 
514; 63 Me. 570; 64 Me. 31; 72 Me. 248; 80 Me. 285; 91 
Me. 103. 

If the final decision of the commissioners or of the committee 
is against the prayer of the petition, no new petition for the 
same road shall be entertained by the commissioners for one year 
thereafter. R. S. c. 23, § 47 ; 78 Me. 537. 

County commissioners in their counties may, upon the same 
petition, lay out, alter or discontinue highways, through a town 
or towns or a plantation or plantations, and tracts of land not 
in any town or plantation, and in respect to that part of the 



HIGHWAYS — LOCATION OF, ETC. 311 

highway situate in any town or plantation required by law to 
raise money to make and repair highways, the same proceedings 
shall be had as are now provided by law in case of a petition to 
lay out, alter or discontinue highways leading from town to 
town ; and in respect to that part of the highway not situate in 
any town or plantation required by law to raise money to make 
and repair highways, the same proceedings shall be had as are 
now provided by law in case of a petition to lay out, alter or 
discontinue a highway in places not incorporated. The time 
and place of hearing upon such petition shall be according to 
section forty-four ; in case of an appeal to the supreme judicial 
court, the appeal may be made at any time after the return of 
the commissioners has been placed on the files, and before the 
next term of said court in the county ; and the proceedings upon 
the appeal shall be according to section forty-six. If no appeal 
is made, the case shall be continued to the next regular term 
after the regular term to which the return is made. R. S. c. 23, 
§48. 

When it is necessary for any person or persons, by themselves, 
men or teams, to cross or enter upon any tract of land outside 
of the thickly settled portion of any town, for the purpose of 
hauling supplies, wood, bark, logs or lumber, or to yard or land 
the same, such person or persons shall not be liable in an action 
of trespass therefor, provided, the bond is furnished as provided 
in the following section, but the person or persons carrying on 
said lumbering operation, shall be liable for all the actual dam- 
age done to said land by said men and teams so crossing said 
land. R. S. c. 23, § 49. 

Should the person or persons carrying on said lumbering 
operation, and the owners of said land, be unable to agree upon 
said damages, such person or persons before crossing, or entering 
upon said land for the purposes aforesaid, as provided by the 
preceding section, shall give bond to the owners of said land 
with sufficient sureties, and in such sum as the county commis- 
sioners in the county in which said land lies, shall determine and 
approve, conditioned to pay such sum as said owners of said 
land may recover as damages and costs as provided by section 
fifty-one. In case all or a part of the owners of said land are 
unknown, the county commissioners shall before fixing the 
amount of the bond, appoint a time and place for hearing 
thereon, and give notice thereof by publication in the county 
paper two successive weeks, the last publication to be seven days 



312 HIGHWAYS — LOCATION OF, ETC. 

before said hearing, and in such case the bond shall be given to 
the treasurer of the county for the use and benefit of all the 
owners in proportion to their respective rights in the land. 
R. S. c. 23, § 50. 

Should the person or persons carrying on said lumbering 
operation, and the owners of said land be unable to agree upon 
said damages, either party may, within twelve months from the 
time said bond is approved, apply to the county commissioners 
of the county in which said land lies and cause said damages to 
be ascertained and determined in the same manner and under 
the same conditions and restrictions as are prescribed by law in 
the la} 7 ing out of railroads. Failure to apply for damages within 
said one year shall be held -to be a waiver of the same. The 
person or persons liable for said damages may make a tender to 
any land owner damaged under the provisions of the two preced- 
ing sections, and if such land owner recovers more damages than 
the amount tendered him for such, he shall recover costs and the 
expenses of the county commissioners ; otherwise the person or 
persons liable for said damages shall recover costs and such 
expenses. A tender made to any person who owns an undi- 
vided interest in land thus damaged shall be sufficient under 
this section. R. S. c. 23, § 51. 

Parties interested may appear jointly or severally, at the time 
of hearing, before the commissioners, on a petition for laying 
out, altering, grading or discontinuing a highway ; and any such 
party may appeal from their decision thereon, at any time after 
it has been placed on file, and before the next term of the 
supreme judicial court in said county, at which term such appeal 
may be entered and prosecuted by him, or by any other party 
who so appeared. And all further proceedings before the com- 
missioners shall be stayed until a decision is made in the appel- 
late court. R. S. c. 23, § 52 ; 32 Me. 454 ; 42 Me. 400 ; 51 Me. 
194, 385 ; 63 Me. 29, 570 ; 64 Me. 435, 437, 586 ; 68 Me. 407 ; 
78 Me. 172,538; 81 Me. 259; 83 Me. 437; 91 Me. 51. 

If no person appears at that term to prosecute the appeal, the 
judgment of the commissioners may be affirmed. If the appeal 
is then entered, not afterwards, the court may appoint a commit- 
tee of three disinterested persons, who shall be sworn, and if 
one of them dies, declines or becomes interested, the court may 
appoint some suitable person in his place, and they shall give 
such notice as the court has ordered, view the route, hear the 
parties, and make their report at the next or second term of the 



HIGHWAYS LOCATION OF, ETC. 313 

court after their appointment, whether the judgment of the com- 
missioners should be in whole or in part affirmed or reversed ; 
which being accepted and judgment thereon entered, shall forth- 
with be certified to the clerk of the commissioners. R. S. c. 23, 
§ 53 ; 8 Me. 146 ; 11 Me. 473 ; 31 Me. 447 ; 32 Me. 454 ; 33 
Me. 370 ; 37 Me. 448 ; 42 Me. 400 ; 53 Me. 387, 434 ; 56 Me. 
262 ; 59 Me. 263, 514 ; 63 Me. Ill ; 64 Me. 586 ; 67 Me. 531 ; 
81 Me. 259 ; 83 Me. 435 ; 86 Me. 185. 

If the judgment of the commissioners in favor of laying out, 
grading or altering a way, as prayed for, is wholly reversed on 
appeal, they shall proceed no further ; and in all cases when the 
judgment of the commissioners is reversed on appeal, no petition 
praying, substantially, for the same thing shall be entertained by 
them for two years thereafter. If their judgment is affirmed in 
whole or in part, they shall carry into effect the judgment of the 
appellate court ; and in all cases they shall carry into full effect 
the judgment of the appellate court in the same manner as if 
made by themselves ; and the party appealing or prosecuting 
shall pay the costs incurred since the appeal, if so adjudged by 
the appellate court, which may allow costs in such cases to the 
prevailing party, to be paid out of the county treasury. The 
compensation of the committee shall be the same as commission- 
ers would have for like services, to be allowed by the court. 
The costs allowed the prevailing party, and the fees of the com- 
mittee, shall be collected as provided in section three ; provided, 
however, that this section shall not apply to any case where the 
judgment has been reversed on account of informality in the 
proceedings. R. S. c. 23, § 54; 32 Me. 473; 42 Me. 401 ; 53 
Me. 86; 59 Me. 451; 67 Me. 531 ; 68 Me. 485; 80 Me. 428 ; 
83 Me. 435; 91 Me. 51. 

All such committees, whether agreed on or appointed on 
appeal from the county commissioners, may be sworn at any 
time before viewing the route and hearing the parties. R. S. c. 
23, §55; 83 Me. 435. 

Highways, town ways and streets, legally established, shall be 
opened and kept in repair so as to be safe and convenient for 
travelers with horses, teams and carriages. In default thereof, 
those liable may be indicted, convicted and a reasonable fine 
imposed therefor. R. S. c. 23, § 56. Ways not established by 
statute provisions. 2 Me. 60 ; 3 Me. 273 ; 4 Me. 272 ; 5 Me. 
368 ; 11 Me. 280 ; 18 Me. 68, 412 ; 21 Me. 174 ; 25 Me. 299 ; 
35 Me. 104, 169; 37 Me. 70; 40 Me. 155 ; 42 Me. 23; 46 Me. 



314 HIGHWAYS — LOCATION OF, ETC. 

427; 47 Me. 344; 48 Me. 457; 51 Me. 260; 54 Me. 364; 56 
Me. 348 ; 73 Me. 54. Ways presumed to be legally established. 
34 Me. 245 ; 37 Me. 55, 507 ; 39 Me. 300. Liability for repair. 
5 Me. 256; 15 Me. 407 ; 16 Me. 189 ; 18 Me. 287; 35 Me. 
104 ; 36 Me. 397 ; 37 Me. 251 ; 38 Me. 221 ; 46 Me. 485 ; 51 
Me. 128, 131, 533 ; 57 Me. 533, 536 ; 62 Me. 105, 470, 472 ; 63 
Me. 477, 550-1 ; 64 Me. 60 ; 65 Me. 37, 286, 515, 550 ; 68 Me. 
153, 360 ; 69 Me. 197 ; 82 Me. 276 ; 84 Me. 23 ; 85 Me. 281. 
Traveler and negligence. 62 Me. 470, 472; 67 Me. 168; 70 
Me. 306. 

When a town liable to maintain a way, unreasonably neglects 
to keep it in repair, as aforesaid, after one of the municipal 
officers has had five days' actual notice or knowledge of the 
defective condition, any three or more responsible persons may 
petition the county commissioners for the county, setting forth 
such facts, who, if satisfied that such petitioners are responsible 
for the costs of the proceedings, shall fix a time and place near 
such defective way, for a hearing on such petition, and cause 
such notice thereof to be given to the town and petitioners as 
they may prescribe. At the time appointed, the commissioners 
shall view the way, alleged to be out of repair, and hear the 
parties interested, and if they adjudge the way to be unsafe and 
inconvenient for travelers, horses, teams and carriages, they shall 
prescribe what repairs shall be made, fix the time in which the 
town shall make them, give notice thereof to the municipal offi- 
cers and award the costs of the proceedings against the town. 
If they adjudge the way to be safe and convenient, they shall 
dismiss the petition and award the costs against the petitioners. 
If they find that the way was defective at the time of presenta- 
tion of the petition, but has been repaired before the hearing,, 
they may award the costs against the town, if in their judgment 
justice requires it. R. S. c. 23, § 57 ; 90 Me. 483. 

Such petition may be presented to said commissioners at any 
of their sessions, or in vacation to their chairman, Avho shall 
procure the concurrence of his associates in fixing the time and 
place in the order of notice, and cause the petition to be entered 
at their next session. And they shall make full return of their 
proceedings on the petition, and cause the same to be recorded 
as of their next regular term after the proceedings are closed. 
R. S. c. 23, § 58. 

If the town neglects to make the repairs prescribed by the 
commissioners, within the time fixed therefor in such notice to 
the town, they may cause it to be done by an agent, not one of 



HIGHWAYS LOCATION OF, ETC. 315 

themselves. Such agent shall cause the repairs to be made 
forthwith, and shall render to the commissioners his account of 
disbursements and services in making the same. His account 
shall not be allowed without such notice to the town, as the 
commissioners deem reasonable. When the account is allowed, 
the town becomes liable therefor, with the agent's expenses in 
procuring the allowance of his account, and interest after such 
allowance, and said commissioners shall render judgment there- 
for against the town in favor of the agent. If a town neglects 
to pay said judgment for thirty days after demand, a warrant of 
distress shall be issued by the commissioners to collect the same. 
R. S. c. 23, § 59. 

When a way is established on a line between towns, their 
municipal officers shall divide it crosswise, and assign to each 
town its proportion thereof by metes and bounds, which, within 
one year thereafter, being accepted by each town, at a legal 
meeting, shall render each town liable, in the same manner as if 
the way were wholly within the town ; when a division of it is 
not so made, the selectmen of either town may petition the 
county commissioners, who shall give notice by causing a copy 
of such application with their order thereon appointing a time 
and place of hearing, to be served upon the clerk of each town 
thirty days, or by causing it to be published in some newspaper 
printed in the county for three weeks, previous to the time 
appointed ; and after hearing the parties, they may make such 
division. R. S. c. 23, § 60 ; 52 Me. 214; 74 Me. 201. 

A highway may be laid out on the line between towns, part 
of its width being in each, and the commissioners may then 
make such division of it and enter the same of record, and each 
town shall be liable in all respects, as if the way assigned to it 
were wholly in the town. R. S. c. 23, § 61; 52 Me. 214. 



316 POWER OF COUNTY COMMISSIONERS, ETC. 



CHAPTER XXXVII. 



POWER OF COUNTY COMMISSIONERS RELATING TO 
TOWN WAYS. 

When the municipal officers unreasonably neglect or refuse to 
lay out or alter a town way, or a private way on petition of an 
inhabitant, or of an owner of land therein for a way leading from 
such land under improvement to a town or highway, the peti- 
tioner may, within one year thereafter, present a petition stating 
the facts to the commissioners of the county at a regular session, 
who shall give notice thereof to all interested and act thereon as 
is provided respecting highways. When the decision of the 
municipal officers is in favor of such laying out or alteration any 
owner or tenant of the land over or across which such way has 
been located, shall have the same right of petition. 

When the decision of the commissioners is returned and placed 
on file, such owner or tenant, or other party interested, has the 
same right to appeal to the supreme judicial court as is provided 
in sections fifty-two to fifty-five, inclusive, of chapter twenty- 
three of the revised statutes ; and also to have his damages esti- 
mated as provided in section eight of chapter twenty-three. 
R. S. c. 23, § 21. 

No such way shall be opened or used until after sixty days 
from its acceptance by the town, and if within that time notice 
of such appeal or petition is filed with the town clerk, such way 
shall not be opened or used until finally located by the appellate 
tribunal. R. S. c. 23, § 22. 

An appeal vacates the location by the county commissioners, 
and arrests all further proceedings thereunder, until the final 
adjudication by the supreme judicial court. Until then the land 
cannot be entered upon, nor any right to damages accrue to its 
owner. 91 Me. 51. 

When a town unreasonably refuses to discontinue a town or 
private way, or to accept one laid out or altered by the select- 
men, the parties aggrieved may, within the time, and in the 



POWER OF COUNTY COMMISSIONERS, ETC. 317 

manner provided in section twenty-one of chapter twenty-three 
of the revised statutes, present a petition to the commissioners, 
who shall in like manner proceed and act thereon, and cause 
their proceedings to be recorded by their own and by the town 
clerk ; and the rights of all parties may be preserved and deter- 
mined as provided in that section and section twenty-two. R.. S. 
c. 23, § 23. 

Form of Petition to Commissioners, when the Town Refuses to 
Lay out a Town Way. 

To the honorable, the court of county commissioners for the county of 

, next to be holden in said county of , at , on the 

day of , 19—: 

Humbly shows that a town way from to , in such town, 

would be of great public convenience; that the selectmen of said town, 
after notice and hearing of the parties, have laid out such way, and reported 
the same to the town, at a public meeting of the inhabitants duly notified 
and warned; yet the town has unreasonably refused to allow and approve 
said town way laid out by the selectmen aforesaid, and to put the same on 
record; wherefore your petitioner, considering himself aggrieved by such 
delay and refusal, prays that your honors may, agreeably to law in such 
case made and provided, accept and approve said town way, and direct the 
same to be duly recorded. 

Dated at , A. D. 19—. 

W. M. 

When a town way has been laid out, graded or altered by the 
commissioners, their proceedings cannot be affected by any action 
of the town, within five years ; and when one has been discon- 
tinued by them, it cannot be again laid out by the town, within 
two years. The commissioners have the same power to alter or 
discontinue such ways, for five years, as they have respecting 
highways. R. S. c. 23, § 24. 

The county commissioners, in laying out new ways, or alter- 
ing or grading ways already laid out, may direct the amount of 
such grading, which shall be stated in their return ; and they 
may order a portion of the expense of such altering or grading, 
not exceeding fifty per cent thereof, to be paid to the town in 
which the altering or grading has been done, from the county 
treasury. R. S. c. 23, § 25. 

When a town has accepted a town way, and said town way 
is subsequently discontinued by the county commissioners on 
appeal, before such road has been opened for travel, such town 
may, at its annual meeting, held within three years thereafter, 



318 POWER OF COUNTY COMMISSIONERS, ETC. 

by a majority of the voters present and voting, reinstate and lay 
out such town way, under an article for such purpose in the 
warrant. The damages shall be assessed, and the owners of the 
land over which said way passes shall be notified thereof by 
the municipal officers, within twenty days after said meeting; 
and any person aggrieved by the estimate of damages may have 
them determined in the manner provided in section twenty of 
chapter twenty-three of the revised statutes in case of town 
ways laid out on petition. A town way so reestablished and laid 
out shall not be discontinued for five years thereafter. R. S. c. 
23, § 26. 

No private way, town way, city street, or highway, taking 
land of any railroad corporation, shall be located, unless a notice 
of the time and place of the hearing upon said location has been 
served upon the station agent of said railroad within such town 
or city, if any, otherwise upon such agent whose station is near- 
est to the land proposed to be so taken, at least seven days 
before the time for such hearing. R. S. c. 23, § 28. 

Town ways and highways may be laid out across, over or 
under any railroad track, in the same manner as other town ways 
and highways, except that before such way shall be constructed, 
the railroad commissioners, on application of the municipal offi- 
cers of the city or town wherein such way is located, or of the 
parties owning or operating the railroad, shall, upon notice and 
hearing, determine whether the way shall be permitted to cross 
such track at grade therewith or not, and the manner and condi- 
tions of crossing the same and the expense of building and main- 
taining so much thereof as is within the limits of such railroad 
shall be borne by such railroad company, or by the city or town 
in which such way is located, or shall be apportioned between 
such company and city or town, as may be determined by said 
railroad commissioners. Said commissioners shall make a report 
in writing of their decision thereupon, file the same in their office 
and cause to be sent by mail or otherwise to each of the railroad 
corporations, and the municipal officers of the city or town as 
the case may be, interested therein, a copy of such decision. 
Such decision shall be final and binding upon all parties unless 
an appeal therefrom shall be taken and entered at the next suc- 
ceeding term of the supreme judicial court, to be held in the 
county where the crossing is located, more than thirty days after 
the date of the filing of the report. The appellant shall within 
fourteen days from the date of the filing of such report, file in 
the office of the board of railroad commissioners, its reasons for 



POWER OF COUNTY COMMISSIONERS, ETC. 319 

appeal and fourteen days at least before the sitting of the appel- 
late court, it shall cause to be served upon such other interested 
corporations or municipality a cop} 7 of such reasons for appeal, 
certified by the clerk of the board of railroad commissioners. 
The presiding justice, at such term of court, shall make such 
order or decree thereon as law and justice may require. Excep- 
tions may be taken to such order or decree. The final adjudi- 
cation shall be recorded as provided in section thirty-two of this 
chapter. Costs may be taxed and allowed to either party at the 
discretion of the court. R. S. c. 23, § 29. 

In case of such ways already so laid out, over or Under any 
railroad track, and not at grade, the expense of building and 
maintaining so much thereof as is within the limits of such rail- 
road, shall be. borne as provided in the preceding section; the 
question shall be determined upon application of any company 
w r hose track is so crossed, made within sixty days after written 
notice has been served thereon by the municipal officers of any 
town in which such way is located, requesting such company to 
build and maintain so much of such way as is within the limits 
of its road. R. S. c. 23, § 30. 

No way shall be laid out through or across any land or right 
of way of any railroad corporation, used for station purposes, 
unless after notice and hearing the railroad commissioners 
adjudge that public convenience and necessity require it. When 
the tribunal having jurisdiction over the laying out of such way 
is satisfied, after hearing, that public convenience and necessity 
requires such laying out, such proceedings shall be suspended 
and petition filed by such tribunal with the railroad commis- 
sioners for their adjudication thereunder. R. S. c. 23, § 31. 

Adjudications of the railroad commissioners relating to ways 
shall be recorded in the office in which the location of the way 
must be recorded. R. S. c. 23, § 32. 

Railroads may cross highways or town ways in the line of the 
railroad, but cannot pass along them without leave of the town, 
but when a railroad is hereafter laid out across a highway or 
other public way, it shall be constructed so as to pass either 
over or under such way, unless the railroad commissioners after 
notice and hearing authorize a crossing at grade. Before enter- 
ing upon the construction of any railroad, the manner and con- 
ditions of crossing shall be ■ determined as provided by section 
twenty-nine of chapter twenty-three as amended. But no cross- 
ing of a street in a city, not a highway, shall be made without 



320 POWER OF COUNTY COMMISSIONERS, ETC. 

the written consent of the mayor and aldermen. Crossings not 
so made are nuisances, and may be so treated, and the directors 
of railroad corporations making them are personally liable. R. 
S. c. 51, § 65. 

Highways and other ways may be raised or lowered, or the 
course of the same may be altered to facilitate a crossing or to 
permit a railroad to pass over or under the same or at the side 
thereof, on application to the railroad commissioners, and pro- 
ceedings as provided by section twenty-nine of chapter twenty- 
three ; and for such purposes land may be taken and damages 
awarded as provided for laying out highways and other ways. 
The railroad commissioners may prescribe the manner in which 
the work shall be done by the corporation. While the use of 
any way is thereby obstructed, a temporary way shall be pro- 
vided by the corporation. R. S. c. 51, §66; 38 Me. 30; 87 
Me. 253. 

When a railroad corporation construct their road to pass over 
or under the highway, they are bound to exercise that right so 
as not unnecessarily to injure others. The work must be done 
in such a manner that the road shall not be unnecessarily 
obstructed and reasonable care should be used by the erection of 
barriers and otherwise, to warn and protect the citizens from 
danger and injury. 49 Me. 121. 

When a town way or highway is not opened and made pass- 
able by the town .liable, or a hill therein has not been graded, 
within the time prescribed therefor by the commissioners, they 
may, after notice to the town, cause it to be done by an agent, 
not one of themselves, on petition of those interested. The 
agent shall make a written contract therefor and file a copy of it 
in the clerk's office ; and the commissioners shall forthwith cer- 
tify to the assessors of the town interested, the time when such 
contract is to be completed, and the amount to be paid therefor- 
They may examine the doings of their agent, and at pleasure 
remove him and appoint another. His account shall not be 
allowed without notice to the town. When the contract ha& 
been completed and the accounts allowed, the town shall pay 
the amount expended, with the expenses of the agent for super- 
intendence, and for procuring the allowance of his account. If 
the town neglects to pay for thirty days, a warrant of distress 
shall be issued by the commissioners to collect the same. R. S. 
c. 23, § 39. 

When a highway is laid out through a town and an agent 
appointed by the county commissioners to open and make it r 



POWER OF COUNTY COMMISSIONERS, ETC. 321 

and the record location thereof cannot be found on the face of 
the earth or consistently applied thereto, or said agent is not 
making said highway according to the record location, the 
municipal officers or town agent, may file a bill in equity in the 
supreme judicial court setting forth the facts aforesaid and pray- 
ing an injunction to stay the proceedings of said road agent ; 
and any justice of said court shall issue a summary notice to 
said road agent to appear before him to answer said petition ; 
and on a hearing of the parties may issue a temporary injunction 
upon such terms and conditions as he deems reasonable ; and 
subsequent proceedings on the bill shall be similar to proceed- 
ings in equity in other cases. R. S. c. 23, § 40. 

Plantations organized under section one hundred and fourteen 
of chapter four of the revised statutes have like powers and are 
subject to like liabilities and penalties as towns respecting ways. 
Their assessors have like powers and shall perform like duties, 
as municipal officers of towns, respecting them. R. S. c. 23, 
§ 41. 

Any railroad company may, in accordance with the provisions 
of this act, establish and maintain temporary crossings of any 
railroad operated by it, for the purpose of accommodating lum- 
bering operations, by agreement with any person who may 
request such crossing for lumbering purposes, and upon petition 
to the railroad commissioners, after notice and hearing, said 
commissioners, may direct any railroad company to establish and 
maintain such temporary crossings and at such places on its line 
of road as said commissioners shall deem expedient, and there- 
upon said railroad company shall establish such crossing and 
maintain the same in accordance with the provisions of this act. 
P. L. 1909, c. 22, § 1. 

At every temporary crossing, established in accordance with 
section one of this act, boards with the words, "temporary rail- 
road crossing, stop, look, listen," distinctly painted thereon on 
each side, in letters plainly legible, shall be placed on each side 
line of the railroad right of way at such crossing, on a post or 
other structure in such position as to be easily seen by persons 
about to cross the railroad at such places. P. L. 1909 c. 22, § 2. 

For any such crossing, so established, engine bells shall be 
rung and engine whistles sounded, as provided in section seventy 
of chapter fifty-one, of the revised statutes. P. L. 1909 c. 22, 
§ 3 - 

21 



322 POWER OF COUNTY COMMISSIONERS, ETC. 

No team shall be driven over any such crossing unless such 
team shall first be stopped at the line of the railroad right 
of way and the driver thereof shall first look and listen, and 
such driver or some other person for him shall first go upon 
such crossing, ahead of such team, and be satisfied that such 
team may safely be driven over such crossing. Nothing in this 
section shall prevent the railroad commissioners from making 
such further regulations for safety at any such crossing estab- 
lished under their direction, as they may deem expedient or nec- 
essary. P. L. 1909 c. 22, § 4. 

Each such crossing shall be kept open only during such time 
each year as the parties interested therein may agree upon, or as 
the railroad commissioners may specify in cases where the rail- 
road commissioners direct such crossings to be established. 
When the railroad commissioners shall direct any such tempo- 
rary crossing to be established they shall determine who shall 
bear the expense of establishing and maintaining such crossing, 
and furnishing and erecting such signboards, and they may, if 
they see fit, apportion such expense between the railroad com- 
pany and the person or persons who shall have petitioned for 
such crossing. The expense of the crossing signs and the plank- 
ing between the rails shall, however, in any event be borne by 
the railroad company. P. L. 1909 c. 22, § 5. 



CHAPTER XXXVIII. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

Highways, town ways, and streets, legally established, shall 
be opened and kept in repair so as to be safe and convenient for 
travelers with horses, teams, and carriages. In default thereof, 
those liable may be indicted, convicted and a reasonable fine 
imposed therefor. R. S. c. 23, § 56. For proceedings before 
county commissioners to compel town to repair, see R. S. c. 23, 
§§ 57, 58 and 59. 

Proceedings in case of such fine being imposed, see R. S. c. 
23, §§ 83 and 85. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 323 

When a way is established on a line between towns their 
municipal officers shall divide it crosswise, and assign to each 
town its proportion thereof by metes and bounds, which, within 
one year thereafter, being accepted by each town, at a legal 
meeting, shall render each town liable in the same manner as if 
the way were wholly within the town; when a division of it is 
not so made, the selectmen of either town may petition the 
county commissioners, who shall give notice by causing a copy 
of such application, with their order thereon, appointing a time 
and place of hearing, to be served upon the clerk of each town 
thirty days, or by causing it to be published in some newspaper 
printed in the county for three weeks previous to the time 
appointed ; and after hearing the parties, they may make such 
division. R. S. c. 23, § 60. 

A highway may be laid out on the line between towns, part 
of its width being in each, and the commissioners may then make 
such division of it and enter the same of record, and each town 
shall be liable in all respects as if the way assigned to it were 
wholly in the town. R. S. c. 23, § 61. 

Towns may authorize their road commissioners or other per- 
sons to make contracts for opening or repairing their ways. R. 
S. c. 23, § 75. 

Towns shall annually raise money to be expended on town 
ways and highways, and for the repair of bridges, and the same 
shall be assessed and collected, as other town taxes, and 
expended for said purposes, by a road commissioner or commis- 
sioners, or by the selectmen as the town may determine. R. S. 
c. 23, § 70. 

A town at its annual meeting, may authorize its assessors to 
abate not exceeding three dollars of the highway tax of any 
person, upon proof that he has owned and used on the ways 
during that year cart wheels having felloes not less than six 
inches wide. And they shall abate three dollars from the tax of 
any inhabitant, who shall construct, and during the year keep in 
repair a watering trough beside the highway, well supplied with 
water, the surface of which shall be two and a half feet or more 
above the level of the ground, and easily accessible for horses 
and carriages, if the assessors think such watering trough for the 
public convenience. If more than one person in the same 
locality claims to furnish it, the municipal officers shall decide 
where it shall be located. Such officers may establish and main- 
tain such public drinking troughs, wells and fountains within 



324 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

the public highways, squares and commons of their respective 
towns, as in their judgment the public necessity and con- 
venience require ; and towns may raise and appropriate money 
to defray the expense thereof. R. S. c. 23, § 74. 

Whoever receives any bodily injury, or suffers damage in his 
property, through any defect or want of repair or sufficient rail- 
ing, in any highway, town way, causeway or bridge, may recover 
for the same in a special action on the case, to be commenced 
within one year from the date of receiving such injury, or suffer- 
ing damage, of the county or town obliged by law to repair the 
same, if the commissioners of such county, or the municipal 
officers or road commsssioners of such town, or any person 
authorized by any commissioner of such county or any munici- 
pal officer, or road commissioner of such town, to act as a 
substitute for either of them, had twenty-four hours' actual 
notice of the defect or want of repair ; but not exceeding two 
thousand dollars in case of a town ; and if the sufferer had 
notice of the condition of such way previous to the time of the 
injury, he cannot recover of a town unless he has previously 
notified one of the municipal officers of the defective condition 
of such way ; and any person who sustains injury or damage, 
as aforesaid, or some person in his behalf, shall within fourteen 
days thereafter, notify one of the county commissioners of such 
county, or of the municipal officers of such town, by letter or 
otherwise, in writing, setting forth his claim for damages and 
specifying the nature of his injuries and the nature and location 
of the defect which caused such injury. If the life of any per- 
son is lost through such deficiency, his executors or administra- 
tors may recover of such county or town liable to keep the same 
in repair, in an action on the case, brought for the benefit of the 
estate of the deceased, such sum as the jury may deem reason- 
able as damages, if the parties liable had said notice of the 
deficiency which caused the loss of life ; at the trial of any such 
action the court may, on motion of either party, order a view of 
the premises where the defect or want of repair is alleged, when 
it would materially aid in a clear understanding of the case. R. 
S. c. 23, § 76. When and how ways should be constructed. 18 
Me. 288 ; 26 Me. 240 ; 33 Me. 460 ; 39 Me. 115 ; 46 Me. 485. 
Defective ways. 11 Me. 273; 14 Me. 200, 203; 16 Me. 189; 
17 Me. 201; 18 Me. 287; 26 Me. 239; 32 Me. 49 ; 35 Me. 
104 ; 36 Me. 398 ; 37 Me. 251 ; 39 Me. 115 ; 42 Me. 253, 526 ; 
46 Me. 485; 51 Me. 186, 314, 533; 55 Me. 48; 56 Me. 17; 62 
Me. 470; 64 Me. 60, 62; 65 Me. 285; Q6 Me. 348, 402; 68 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 325 

Me. 366; 69 Me. 73; 72 Me. 250,540; 74 Me. 536; 76 Me. 
427 ; 82 Me. 437; 87 Me. 265 ; 90 Me. 487; 91 Me. 566; 94 
Me. 165 : 95 Me. 374. Damage. 14 Me. 205 ; 16 Me. 191 ; 
20 Me. 248; 29 Me. 311; 31 Me. 301; 32 Me. 273, 538; 33 
Me. 272; 41 Me. 533; 50 Me. 223; 51 Me. 440; 61 Me. 203; 
82 Me. 438. Defect sole cause of damage. 18 Me. 288 ; 20 Me. 
50; 32 Me. 50, 576; 38 Me. 206, 445; 42 Me. 335, 347; 43 
Me. 496 ; 51 Me. 127 ; 61 Me. 572 ; 64 Me. 53 ; 65 Me. 550 ; 
66 Me. 402; 68 Me. 154; 69 Me. 73; 74 Me. 533 ; 97 Me. 519. 
Due care. 11 Me. 337; 14 Me. 200; 18 Me. 288, 381; 21 
Me. 31 ; 26 Me. 240 ; 31 Me. 301 ; 32 Me. 54, 576 ; 38 Me. 
207, 445 ; 42 Me. 336 ; 43 Me. 496 ; 50 Me. 224; 64 Me. 544 ; 
65 Me. 285; 70 Me. 306 ; 72 Me. 541; 77 Me. 44; 78 Me. 
200; 81 Me. 188; 82 Me. 438; 84 Me. 334; 97 Me. 519. 
Notice of defects. 7 Me. 445 ; 21 Me. 31 ; 23 Me. 558 ; 32 Me. 
272 ; 42 Me. 203 ; 51 Me. 533 ; 56 Me. 17 ; 68 Me. 360, 513 ; 

69 Me. 74; 70 Me. 123; 72 Me. 252 ; 74 Me. 147,533; 75 
Me. 559; 77 Me. 384 ; 80 Me. 598 ; 82 Me. 65, 75, 437 ; 84 Me. 
147 : 87 Me. 188, 231, 528 ; 88 Me. 297, 467 ; 90 Me. 131, 213, 
487; 93 Me. 361; 94 Me. 268; 96 Me. 320. Notice of. claim. 
64 Me. 134; 66 Me. 333, 454, 549; 68 Me. 513 ; 69 Me. 196 ; 

70 Me. 124; 73 Me. 486; 75 Me. 81, 115; 83 Me. 428; 84 
Me. 278, 577 ; 87 Me. 231 ; 88 Me. 474 ; 94 Me. 234. 

It is not required that a highway, in its whole width as located, 
should be fitted for travel. It is enough if there be a wrought 
road in good condition and of suitable width for all the needs of 
the public. 69 Me. 72; 82 Me. 273; 85 Me. 523. 

Where the bridge on which the plaintiff was injured has been 
nsed as a toll bridge before a public way was located over it, 
and it had been properly constructed for public travel and was 
a connecting link between two highways, and no time was pre- 
scribed in which the way should be open, it was Held, that the 
way should be opened in a reasonable time and if permitted to 
be used by the public after its location, and for nearly a year 
prior to the injury, the town became liable to keep it safe and 
convenient, and consequently liable in damages. 69 Me. 194. 

When the center of a road is the divisional line between two 
towns, and no crosswise division has been made in pursuance of 
the provisions of the revised statutes, each town is liable for 
defects occurring out of its limits, and is bound to repair them. 
74 Me. 198. 

Towns so situated cannot be jointly indicted, and neither town 



326 LIABILITY OF TOWNS TO HEPA1R HIGHWAYS, ETC. 

is to be held liable for defects arising from the neglect of the 
other. lb. 

In determining the question whether a way is safe and con- 
venient, within the meaning of the statute, it is enough that the 
way is safe and convenient in view of such casualties as might 
reasonably be expected to happen to travelers. The law has 
not prescribed what imperfections in a way will be considered 
as constituting a defect or want of repair, so as to render a town 
liable, if an injury is occasioned thereby. These are questions 
of fact, generally, for the jury to settle, under proper instruc- 
tions. 77 Me. 44. 

The duty of towns is fully performed when they have repaired 
carriage ways of sufficient width to make them reasonably safe 
and reasonably convenient for travelers to drive over them with 
reasonable care and action. Where one intentionally and heed- 
lessly and unnecessarily drives out of the wrought part of a road 
he must do so at his own risk. 85 Me. 523 ; 88 Me. 104. 

When on trial of any such action or indictment, it appears 
that the defendant county or town has, within six years before 
the injury, made repairs on the way or bridge, it shall not deny 
the location of such way or bridge. R. S. c. 23, § 77 ; 5 Me. 
368; 12 Me. 237; 51 Me. 187 ; 54 Me. 94 ; 58 Me. 349 ; Q6 
Me. 349. 

No town is liable for such an injury when the weight x)f the 
load, exclusive of the carriage, exceeds six tons. Proof of its 
weight must be made by the plaintiff. R. S. c. 23, § 78. 

No town is liable to an action for damages to any person on 
foot, on account of snow or ice, on any sidewalk or cross-walk, 
nor on account of the slippery condition of any sidewalk or 
cross-walk. R. S. c. 23, § 79. 

When any ways are blocked or encumbered with snow, the 
road commissioner shall forthwith cause so much of it to be 
removed or trodden down, as will render them passable. The 
town may direct the manner of doing it. In case of sudden 
injury to ways or bridges, he shall, without delay, cause them to 
be repaired. And all damage accruing to a person in his busi- 
ness or property, through neglect of such road commissioner or 
the municipal officers of such town, to so render passable, ways 
that are blocked or encumbered with snow, within a reasonable 
time, may be recovered of such town by a special action on the 
case. R. S. c. 23, § 62 ; 96 Me. 133. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 327 

In an action against a town for damages alleged to have 
occurred by reason of a defect in a railroad crossing, constituting 
part of a highway which said town is obliged to keep in repair, 
the railroad company owning or occupying such crossing, may 
be notified of the pendency of the suit, and take upon itself the 
defence of the same. R. S. c. 23, § 80. 

In such trial, after notice as provided in the preceding section, 
if the plaintiff recovers, and the jury finds specially that the 
damage was occasioned by the fault of such company, it shall be 
liable to the defendants in said suit in an action of debt for all 
damage and cost paid by them. R. S. c. 23, § 81. 

The notice required in the preceding, shall be by copy of the 
writ served upon the company at least thirty days before the 
sitting of the court to which it is returnable, or by such notice 
as the court may order after entry. R. S. c. 23, § 82. 

The statute imposes upon a town no liability for any defect or 
want of repair in its public roads, so long as they are kept in a 
condition safe and convenient for travel. 36 Me. 393. 

Structures for the passage of travelers, erected over a railroad 
where it crosses a public highway, fall under the designation of 
bridges. For the want of proper repair of such bridges and 
their abutments, being a part of the highway which the town is 
bound to maintain, the town is liable to indictment. 37 Me. 
451. 

Towns, in making necessary repairs on their streets and side- 
walks, may interrupt public travel and obstruct them, without 
liability. But ways undergoing repair should not be left in the 
night time without precautionary means to give travelers warn- 
ing. If such precautionary means are neglected, towns are 
liable. 38 Me. 219. 

A town is not liable for injuries to property, by defective 
highways, unless the person in charge of the property exercised 
ordinary care. 38 Me. 443. 

A traveler, with his horse and carriage, where the highway is 
unobstructed, without notice of a carriage behind him, may use 
any part of it wrought for public accommodation. 40 Me. 64. 

When, by reason of snowdrifts, that part of the highway pre- 
pared for travel becomes impassable, and a passage way outside 
and over the gutter of the road is used, instead of the road, the 
town is liable for damages resulting from such use. If a thaw 



328 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

and rain occur prior to the accident, it is sufficient notice to the 
town that such way is unsafe. 40 Me. 176. 

Town is liable for injury caused by defect in a way that has 
been constructed and opened for travelers, although the time 
allowed for constructing the way had not elapsed when injury 
was received. 39 Me. 113. 

Liability exists for injury received by child while traveling on 
a way. Not liable if child was playing. 42 Me. 248. 

Town liable when defect made a horse uncontrollable thereby 
injuring the driver by throwing him out. 63 Me. 393. 

Way must be safe and convenient in winter as well as pass- 
able. 62 Me. 101. 

Not liable for injury received by a person not using the way 
for traveling but using it simply as an appurtenant to the house 
in which she resides. 62 Me. 470. 

Liable for injury received by a person while walking for 
exercise on the Lord's day. 69 Me. 116. 

Not liable for injury received by person using the way for 
horse racing. 67 Me. 167. 

Way need not be wrought for travel the whole width. 85 
Me. 523. 

Person coming from schoolhouse to the road is not a traveler. 
82 Me. 273. 

Way must be wide enough to be reasonably safe and con- 
venient. 85 Me. 523. 

Liable for injury received from defect in way although the 
person injured was riding on the Lord's day for the enjoyment 
of the air and exercise. 87 Me. 259. 

An action to recover damages, occasioned by a defect in a 
highway, is a transitory action, and may be brought in the 
county where the plaintiff lives, if within the state. 15 Me. 89. 

An action on the case, brought under revised statutes of 
eighteen hundred and forty-one, chapter twenty-five, section 
eighty-nine, against a town for a personal injury, caused by a 
defect in its highway, and which action was pending when 
revised statutes of eighteen hundred and fifty-seven, chapter 
eighty-seven, section eight, took effect, will not, after that time, 
abate by the death of the plaintiff, but may be prosecuted by 
the executor or administrator of the deceased. 45 Me. 209. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 329 

Safety and convenience for travelers, and their horses and 
teams, is the rule by which to judge whether there be any 
defect or want of repair, or sufficient railing upon the highways. 
42 Me. 248 ; 37 Me. 250 ; 36 Me. 293. 

Sections fifty-seven and eighty-nine of revised statutes of 
eighteen hundred and forty-one, chapter twenty-five, entitled "of 
ways," are in harmony, and are counterparts of each other. 36 
Me. 393. 

The terms "safe and convenient," as used in the statute in 
relation to roads, do not mean entirely safe and entirely conven- 
ient, but are to be considered by the jury in a particular sense, 
according to their knowledge and experience in the ordinary 
transactions of men. 33 Me. 460. 

In communicating the rule, the words are employed in their 
usually accepted meaning. lb. 

Revised statutes eighteen hundred and seventy-one, chapter 
eighteen, section forty-six, requiring highway surveyors forth- 
with to make the highways within their limits "passable," when 
they become blocked up or incumbered with snow, does not 
repeal, supersede or qualify section forty of the same chapter, in 
respect to such highways, which requires towns to keep their 
ways ' safe and convenient for travelers ; nor does it exempt 
towns from the liability imposed by section sixty-five. 62 Me. 
101. 

Highways are not only to be kept "passable," but they must 
be so passable that travelers may use them with safety and con- 
venience by the exercise of ordinary care. lb. 

The liability of a town for a defective way is commensurate 
with its right and obligation to repair it. 64 Me. 57. 

The liability of a town for damages arising from a defective 
highway, depends upon proof of the same facts that would 
render it liable to indictment ; and, in all cases where it may be 
held for damages, it may be indicted. 42 Me. 522 ; 26 Me. 234. 

A town is not required to render its roads passable for travel- 
ing for the entire width of their located limits, but only to keep 
a width thereof in a smooth condition, sufficient to render the 
passing over them safe and convenient. 68 Me. 152; 18 Me. 

286. 

But the remainder of the road is not to be made more danger- 
ous than in its natural state, except by obstacles necessarily 



330 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

occasioned by making and repairing the traveled path. 18 Me. 
286. 

If there be a defect in the road, however small, which 
occasions the injury, the party using the common and ordinary 
care, the town is liable. 26 Me. 234. 

Towns are liable for injuries, occasioned as well by obstruc- 
tions placed or deposited in the highway, as by defects in mak- 
ing or repairing it. 11 Me. 271. 

To allow the sides of the traveled path to be incumbered by 
logs or other things unnecessarily placed there, subjects the 
town to the payment of damages. 18 Me. 286. 

The law has not prescribed what imperfections in a road will 
constitute the defect referred to in the statute. It is a fact for 
the jury to settle, what condition of the road would be safe and 
convenient, or otherwise. 26 Me. 234. 

What obstructions or other inconveniences will render a high- 
way defective, so as to make the town liable if an injury is 
thereby occasioned, is, to a considerable extent, a matter of 
opinion or judgment, and one in relation to which persons of 
ordinarily good judgment are liable to differ. The same is true 
as to what constitutes due care. 65 Me. 285. 

The court will not, therefore, assume that the jury have acted 
dishonestly or perversely, simply because they have come to a 
conclusion different from that to which the court would have 
come upon the same evidence. lb. 

A defect or want of repair, is either inert matter incumbering 
the highway, upon or over it, or structural defects endangering 
public travel. 42 Me. 522. 

Hence, a team temporarily stationary in a street or road, 
under the charge of the owner or driver, is not a defect or want 
of repair to be amended, nor an obstruction to be removed ; and 
the town or city is not liable for injuries occasioned thereby. 
Tenney, J., dissenting. lb. 

A city is not liable for an injury occasioned by teams standing 
on a bridge or street for market, and waiting for purchasers, 
under the care of their drivers. 42 Me. 522. 

While A. was driving his horse, harnessed to a chaise, over a 
bridge, the horse took fright at a tree on a wagon which was 
standing there temporarily, in charge of the driver, ran away, 
overturned the chaise and injured A. ; Held, that the town was 
not liable therefor, either civilly or criminally. lb. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 331 

Towns are not responsible for nuisances arising from the 
unlawful use of the highway, without their knowledge or assent, 
the road, as a road, being safe and convenient. lb. 

A thing rightfully in the highway may constitute a defect by 
remaining there an unreasonable time ; but to hold the inhabi- 
tants liable in such case, on the ground of notice, they must 
know not only that the thing is there, but that it is there under 
circumstances which constitute a defect. 68 Me. 358. 

Thus, an eight ton boiler was transported from Kittery station 
towards the navy yard, its destination, and left in the highway 
at six P. M., and allowed to remain there, with knowledge of 
the inhabitants, till seven o'clock the next morning, when the 
plaintiffs horse took fright thereat, and in consequence ran 
away, and the plaintiff was hurt. Held, that, to render the 
inhabitants liable, it was necessary that they have reasonable 
notice not only that the boiler was there, but that it was unnec- 
essarily there; in other words, knowledge of the illegal element 
which constitutes it a defect. lb. 

The body of a common riding wagon, left on the side of the 
road, and laid up edgewise against some bushes within the limits 
of the road, but entirely outside of the traveled track, which 
frightened a horse, and thereby caused an injury, is not such an 
incumbrance as would render the town liable in damages for a 
defective highway ; the question decided being referred to the 
court, as one of both fact and law. 66 Me. 402. 

The town could not reasonably have expected that such an 
object would naturally have the effect to frighten an ordinarily 
kind, gentle and safe animal, well broken for traveling upon our 
public roads. lb. 

If one is injured by driving or falling into an excavation in 
one of the public streets of a city, which is left at night without 
being sufficiently lighted or guarded, a recovery may be had 
against the city, although the excavation was made by a com- 
pany engaged in constructing the public water- works of the city. 
67- Me. 385. 

For an injury received by a defect occasioned by the freezing 
and thawing of the road, towns are liable to the party injured, 
if they have reasonable notice. 37 Me. 250. 

But evidence that a greater portion of the ways in the same 
town was defective for the same cause only, is inadmissible. lb. 



332 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

If, by an omission on the part of a town to keep in repair its 
culvert under one of its public roads, an injury occur to the 
neighboring land from a flowing back of the water, the remedy, 
if any, against the town, is only at common law. 36 Me. 393. 

When such back-flowing arises from an obstruction placed in 
the culvert by a mere wrongdoer, the town is not liable either 
by the statute or common law. lb. 

The jur}' are not to infer a defect in a highway at a particular 
time and place, simply because an injury was sustained at that 
time and place ; but they are to consider that in connection with 
the other facts in the case. 33 Me. 460. 

In suits for injuries sustained by alleged defects in the high- 
ways, the jury may consider the nature of the business in the 
town, but such business forms only one of the facts to be con- 
sidered in connection with the others, and with the obligation of 
the town to keep the way in a safe and convenient state of 
repair for the inhabitants of other towns, as well as of its own 
inhabitants. lb. 

If the highway at a railroad crossing is defective, and the 
town has notice of it, it is no defence that the particular defect 
was one which the railroad company ought to have repaired. 
51 Me. 313. 

A town is not liable to pay damages for injuries occasioned by 
defects in a highway, until after the expiration of the time 
allowed by the county commissioners for opening and making 
the road, though the town may have opened and partially made 
it. 12 Me. 300. 

Towns, having reasonable notice of a defect in one of their 
highways, are liable for an injury arising therefrom, after it is 
constructed and opened for travelers, although the time in which 
they were allowed to build it had not elapsed. 39 Me. 113. 

Towns, in making necessary repairs upon their streets and 
sidewalks, may obstruct them and interrupt the public travel, 
without incurring any liability therefor, if they are not left in 
the night time without precautionary means for warning trav- 
elers of their danger; in which latter case, towns are liable. 
38 Me. 219. 

For injuries occasioned by a necessary alteration of an high- 
way, through want of sufficient notice or warning of such change, 
the town is primarily liable, although such alteration is being 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 333 

effected by a railroad company, under authority of their charter. 
40 Me. 96. 

Towns are not liable for injuries occasioned by such obstruc- 
tions as are necessarily created in highways in order to repair 
them, provided reasonable measures are taken to notify travelers 
of their existence. Such obstructions are not, in any proper 
sense, defects. 55 Me. 46. 

A town is justified in closing up a road by obstructions across 
it, whilst out of repair ; and whilst making repairs ; but, if it 
proceeds to make repairs without making known that it is not in 
a condition to be used, the liability of the town to pay for 
injuries remains, as in other cases. 16 Me. 187. 

Where it is apparent that the road is so much out of repair, 
or so much incumbered as to leave only a narrow and difficult 
passage, a traveler is not justified in driving with so much 
rapidity, or with so little care, as if it were unincumbered ; but 
is bound to exercise ordinary prudence and caution. lb. 

In such case, if the highway is left open for travel, while 
undergoing repairs, it is no defence to an action by a person who 
had suffered an injury on that part of the road, that such person 
had been employed by the selectmen of the town to open a tem- 
porary road over the land of an individual, with his consent, for 
the accommodation of travelers, whilst such repairs were being 
made. 17 Me. 199. 

A town has the right, in making or repairing a road, to remove 
stones and stumps on to, and leave natural obstructions up^ii, 
the sides of a way ; provided the same are situated so far from 
the traveled track that persons with teams may pass without 
danger of coming in collision with them. 68 Me. 152. 

A town is not liable for injuries occurring without the limits 
of a road legally located, or legally existing by virtue of a long 
continued user. 66 Me. 348 ; 64 Me. 57. 

But where a railing is necessary for the safety of travelers, the 
want of such railing is a defect in the way, for which the town 
will be liable. lb. 

Towns are not liable for obstructions on the portions of a 
highway not constituting the traveled path, and not so con- 
nected with it as to affect the safety of the traveled portion. 
46 Me. 483. 

A traveler on the highway may go out of the beaten track, at 
his own risk, as between himself and the town ; but in so doing, 



334 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

he is entitled to protection against the unlawful acts of the per- 
sons and corporations. lb. 

If road commissioners, of their own authority, extend the lim- 
its of the road, the town is not liable therefor. 66 Me. 348. 

If individuals build a sidewalk, of their own motion, outside of 
the limits of the road, they do not thereby render the town liable 
for its defects. lb. 

If they build it upon land illegally taken by the road com- 
missioners, outside of the limits of the road, the town is not 
responsible for the defects of the sidewalk so built without its 
authority, and which they would be trespassers in attempting to 
repair. lb. 

Where an open and well beaten path led from the traveled 
part of the road to an apparently safe and convenient watering 
place by the side of the way, and within the limits of the road, 
as laid out, but which was in fact a deep and miry pit, covered 
with water; and the horse of a traveler was turned to it to 
drink, and fell into it and was drowned, the town was liable to 
pay for the horse. 14 Me. 198. 

When, by reason of snowdrifts, that part of a highway pre- 
pared for travel becomes impassable, and a passage way outside 
and over the gutter of the road is used instead of it, the town is 
liable for damages sustained by travelers over such passage way. 
And if a thaw and rain occur prior to the accident, it is sufficient 
notice to the town that such passage way is unsafe. 40 Me. 176. 

That, which was not a defect before, cannot be made so by 
another and an independent defect, having no connection with 
it. 68 Me. 365. 

The highway was safe and convenient, except that the owner 
of the adjoining land, in building a cattle pass, opened a trench 
across the entire width of the traveled portion of the road, ren- 
dering it temporarily impassable. The plaintiff, to get by this 
obstruction, passed through the adjoining field, and in coming 
from the field into the road, her carriage struck a rock within 
the limits, but outside of the wrought portion of the highway, 
and she was thrown out and hurt. Held, that the town was not 
liable. lb. 

When one voluntarily leaves the highway for any purpose, 
and on going out of it or returning into it, at a point which the 
town has not prepared for travel, receives an injury from an 
obstacle outside the traveled path, the town is not responsible. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 335 

And it makes no difference whether the obstacle is without or 
within the limits of the way as located, provided it is so situated 
as not to create a danger or an inconvenience to travelers who 
keep within that portion of the way which is prepared for travel. 
lb. 

One who received an injury while crossing planking placed 
over a gutter, within the located limits of a public street, but 
outside of the wrought portion thereof, put there to facilitate 
access to and from the street and a private way or court, is not 
a traveler upon said street, within the meaning of revised stat- 
utes of eighteen hundred and seventy-one, chapter eighteen, sec- 
tions forty and sixty -five, so as to entitle him to maintain an 
action against the town liable to keep it in repair. 63 Me. 477. 

A person who, in pursuit of pleasure, designedly leaves the 
street, and passes beyond its limits, into an unfenced vacant lot, 
to attend a circus, and there falls into an excavation made for a 
reservoir, and is injured, cannot maintain an action under chap- 
ter eighteen of the revised statutes of eighteen hundred and fifty- 
seven, section sixty-one, against the town or city. 57 Me. 375. 

Nor is the city liable, under section eight, chapter seventeen, 
of the revised statutes of eighteen hundred and fifty-seven, for 
a nuisance, in the absence of proof that the reservoir was so 
located as to obstruct or encumber a public way, or some pre- 
viously existing private way. lb. 

Nor is the city liable, under chapter eighteen of the revised 
statutes of eighteen hundred and fifty-seven, section seventy-five, 
nor at common law, as for gross negligence in omitting to place 
guards, railings, or lights about it, to indicate its position. lb. 

A way opposite the place where an accident happened, was 
safe and convenient for travelers ; from this road and within the 
limits of the highway, there was a passage way, not made by 
the town, leading to a watering trough, (placed there without 
authority of the town,) and coming into the road beyond ; and 
the plaintiff drove his horse around said passage way, to the 
trough for the purpose of watering him, and while in the act of 
leaving the trough, the horse drew the carriage wheel upon a 
rock lying in its original place in the passage way, in conse- 
quence of which the plaintiff's wife was thrown from the car- 
riage and injured. The way contained nothing to allure, deceive 
or entrap travelers into unperceived dangers ; Held, plaintiff 
could not recover of the town. Appleton, C. J., Kent, Barrows 
and Danforth, contra. 57 Me. 529. 



336 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

By virtue of public laws of eighteen hundred and seventy, 
chapter one hundred, section one, when there is a subsisting ver- 
dict, and a majority of the justices qualified to sit in the case, 
do not concur in granting a new trial, there must be judgment 
on the verdict. lb. 

At the foot of a hill, a highway became comparatively level, 
and the travel passed, for several rods upon each side of the 
middle track, as well as in it ; the side tracks being largely used. 
In October, eighteen hundred and seventy, the town constructed 
a culvert across the centre of the located way, about eighteen 
feet long, with the surface of the covering stone about six feet 
wide and eighteen inches above the general level of the ground. 
Earth was carted in to make the grade on each approach to the 
culvert for a distance of six to fifteen feet, but the stones of one 
side of the culvert were exposed. The culvert, thus constructed, 
left ample space for teams to pass along the easterly side of it, 
in the old side track. The earth used to fill the approaches 
became very muddy with the fall rains, and was then trodden 
up and frozen in a very rough condition. The embankment of 
the culvert was not railed or guarded. To avoid the bad place 
in the middle of the road, thus caused, teams used to sheer to 
the east, pass the end of the culvert, and then reenter the main 
road. After the snow came, the wind swept it from the culvert, 
and, to avoid the bare place, teams continued to follow the side 
track. The plaintiff was familiar with the road before the build- 
ing of the culvert, but had not passed it afterwards until the 
time of the injury, which happened about ten o'clock of the 
night of the fifteenth of February, eighteen hundred and seven- 
one, and was caused by his driving along the eastern side track 
so near to the culvert that one runner of the sleigh struck the 
exposed stones, whereby he was thrown out and injured. Under 
these circumstances, a finding by the jury, that the way was so 
defective as to make the town liable for the injury, was not sa 
clearly unsupported by the evidence as to justify setting aside 
the verdict. 64 Me. 541. 

Upon this state of facts, the defendants asked to have the jury 
instructed that "if Whitney was driving at the rate of five or six 
miles an hour, as he testifies, in a dark night as he describes that 
of the accident, then he was not in the exercise of due care." 
This instruction was properly refused, the question of ordinary 
care having been left to the jury, under correct instructions. lb. 

To maintain such a suit against a town, it must be proved that 
the highway was not safe and convenient; that the plaintiff 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 337 

exercised ordinary care ; and that the injury was occasioned by 
the defect alone. * 32 Me. 46, 574; 38 Me. 204. 

When an injury is occasioned by the united effect of a defect 
in the way and any other cause, the party bound to keep the 
road in repair is not liable. 32 Me. 46, 574 ; 38 Me. 204 ; 42 
Me. 346. 

In an action against a town, for the loss of a horse, occasioned 
by a defect in a highway, so long as there is any doubt whether 
the death of the horse was occasioned by the injury or by dis- 
ease, the plaintiff is not entitled to recover. 20 Me. 47. 

If there are two efficient, independent proximate causes of an 
injury sustained by a traveler on a highway, the primary cause 
being one for which the town is not responsible, and the other 
being a defect in such highway, the injury cannot be said to 
have been received ''through such defect," and the town is not 
liable therefor. And it makes no difference that the traveler 
himself was in no fault. 51 Me. 127. 

A town is not liable for damage sustained by a traveler, from 
the fright of his horse at meeting cows in the road, with boards 
on their horns, and also from a defect in the way, the combined 
action of both causes operating to produce the accident. 51 
Me. 127; 68 Me. 152. 

When a horse, through fright at the striking of the carriage to 
which he is attached, against an obstruction in the highway, 
becomes uncontrollable, runs away and injures the driver by 
throwing him out, the defect in the highway is the proximate 
cause of the injury. 63 Me. 393. 

In a suit against a town for damage through a defect in the 
road, the plaintiff, to account for the violence of his horse, may 
show that near the defect where the injury occurred, was 
another defect in the road, which he had just passed without 
injury. 31 Me. 299. 

While the plaintiff, with horse and wagon, was traveling along 
the highway, her horse became frightened at a large rock, dug 
out of the earth by the town, and left in the traveled way, in a 
situation calculated to frighten horses passing by. In attempt- 
ing to dismount from the wagon, she fell and was injured. 
Neither she nor the horse was at fault. The rock was, per se, a 
defect in the way. Held, 

1. That, if she was dismounting to prevent upsetting, while 
the horse was restless and unmanageable from the fright, (the 

22 



338 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

plaintiff's version,) the defect in the way may be held to be the 
proximate cause of the injury ; 

2. That, if the horse was manageable, and the plaintiff was 
dismounting to lead the horse by, when he started up and threw 
her down, but not on account of any fright at that moment at 
the rock, (the defendants' version,) the defect in the way could 
not be considered as the proximate cause of the injury ; 

3. That, a town may be liable to a traveler for an injury 
occurring from the fright of his horse, at an obstruction in the 
traveled way, which is an actual defect therein, although not 
coming in contact therewith ; but not unless the object of fright 
presents an appearance that would be likely to frighten ordinary 
horses ; nor unless the appearance of the object is such that it 
should reasonably be expected by the town that it naturally 
might have that effect; nor unless the horse was, at least, an 
ordinarily kind, gentle and safe animal, and well broken for 
traveling upon our public roads. 65 Me. 547. 

The plaintiff was driving over a defective bridge in the 
defendant town, when, without his fault, the horse broke through 
the bridge and fell. The plaintiff, in trying to extricate the 
horse, received a blow from the horse's head, and was injured by 
it. He was at the time exercising ordinary care. Held, that the 
defect in the way was the proximate cause of such injury. 64 
Me. 51. 

In an action against a town, for an injury on a highway, 
caused by a snowdrift therein, the law regards the direct and 
not the remote cause of the injury; and if the drift alone 
directly caused the injury, certain deposits of wood and cedar 
within the limits of the highway contributed to the formation of 
the drift, the wood and cedar would not be defects for which the 
town would be responsible, but the drift might be such a defect. 
62 Me. 101. 

Where a defect in a highway was the true, efficient cause of an 
accident, it is not necessary that the road should be defective at 
the spot where the ultimate injury occurs. 61 Me. 569. 

The public, as foot passengers, have the right to use the 
carriage way as well as the sidewalks. Walking in the carriage 
way is not, of itself, prima facie evidence of want of ordinary 
care ; nor from that fact alone will the law infer negligence. 42 
Me. 332. 

Where a person, on foot, was on his way to visit the house of 
a neighbor on Sunday evening, and was injured by a defect in 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 339 

the highway ; Held, he could not recover for such injury. 57 
Me. 423. 

Where children use a part of the public road for their sports, 
the town or city through which the way passes is not responsi- 
ble for injuries received by any of the children so engaged, 
though the injuries may result from a defect in the road. 
Goodenow, J., dissenting. 42 Me. 248. 

An action does not lie against the town in favor of a person 
who receives an injury from a defective highway, while using 
such highway for the express purpose of horse racing, and match- 
ing his horse for speed against other horses. 67 Me. 167. 

Semble : Miter, if the fast driving was merely incidental to 
traveling upon the highway for any of the legitimate purposes 
for which a highway is designed to be used. lb. 

The owner of a mare and colt turned them out upon the high- 
way to water, when the colt ran away, and the owner, upon the 
back of the mare, started in pursuit, and while in such pursuit, 
the accident for which the suit was brought, occurred; Held, 
that the jury were properly instructed that if the plaintiff 
regained possession of both the animals, so as to be their keeper, 
before the accident happened, and they escaped without his fault, 
he would have a right to pursue them upon the highway, though 
he originally turned them out without a keeper. 63 Me. 468. 

A ditch was dug along by the side of a house, and extended 
out into the street as located. There was no way to go from 
the house to the privy used therewith without either crossing 
the ditch or passing around that end of it which was in the 
street. The plaintiff, a minor, living in the house as a member 
of her father's family, having occasion to visit the water-closet 
in the evening, attempted, while upon her return to the house, 
and having no other purpose than to reach it in the safest way, 
to go round the end of the ditch. After crossing the line of the 
street, but before reaching the wrought portion of it, or the end 
of the ditch (the night being very dark), she turned, stumbled, 
fell into the ditch, and was injured ; Held, that she was not in 
the use of the street as a traveler, within the meaning of the 
statute providing for the making and repair of highways. 62 
Me. 468. 

The ditch was dug by the father's landlord, for the purpose of 
drainage, and was suffered to remain open for several weeks 
before the accident ; Held, that there was such negligence in the 
father in permitting the drain to remain so long in this danger- 



340 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

cms condition, and that his minor child was so affected by his 
negligence, as to preclude a recovery by her in this case, even if 
she was otherwise entitled to recover. lb. 

In an action against a town, for an injury occasioned by a 
defect in a highway or bridge, there must be proof that the 
defect existed, and that the person driving over it was using 
ordinary care; which are questions for the jury. 11 Me. 335; 
18 Me. 380 ; 26 Me. 234 ; 50 Me. 222. 

And if, on the whole testimony on this point, the weight of 
evidence is clearly against the plaintiff, a new trial will be 
granted. 50 Me. 222. 

Direct and positive testimony of due care, on the part of the 
person injured, is not essential to the maintenance of the action ; 
the jury may infer it from facts in evidence. 18 Me. 380 : 21 
Me. 29. 

The standard of care required of travelers upon the highway, 
is such care as persons of common prudence generally exercise. 
32 Me. 574. 

But, if the accident happens through the neglect or fault of 
the person injured, or by reason of any obstacle naturally exist- 
ing, or necessarily placed in the highway out of the traveled 
path, he cannot recover against the town. 18 Me. 286. 

In a suit for an injur} 7 sustained by the upsetting of a carriage 
through a defect in the highway, evidence that, on former occa- 
sions, the driver had "appeared to be a competent driver," seems 
to be inadmissible. 35 Me. 100. 

In such actions, towns are not liable, unless the person in 
charge of the property injured was in the exercise of ordinary 
care at the time of the injury; and what is "ordinary care," 
must be determined by the circumstances of the case presented 
to the jury. 38 Me. 443. 

The judge instructed the jury, upon the question of due care, 
etc., in driving, that the knowledge of the plaintiff, of the defect 
in the way, was not the knowledge of the son, who was driving 
the team : Held, such to be good law. lb. 

In an action to recover for injuries received through a defect 
in a highway, it is not reasonably certain that the verdict must 
be erroneous, because the jury failed to agree upon the answer 
to the question whether the plaintiff was driving at a rate 
exceeding six miles an hour. 58 Me. 199. 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 341 

In an action for a personal injury caused by a defective high- 
way, a request to instruct the jury "if they find that at the time 
of the accident the plaintiff was intoxicated, this, of itself, would 
constitute such a want of care as would preclude him from the 
right to recover," was properly refused, it being a question of 
fact. 48 Me. 477. 

Permitting a woman to drive a horse, is not conclusive evi- 
dence of such want of ordinary care, as will excuse a town from 
their liability to pay for an injury sustained by the horse, from 
a defect in the highway. 14 Me. 198. 

If a traveler's horse, without fault of the town, should be 
running violently upon the road, as a matter of law, that the 
town is not responsible for an injury sustained by the traveler, 
through a defect in the road, though it might not have occurred 
but for such running. 31 Me. 299. 

The fact that a party plaintiff in an action against a city, to 
recover compensation for injuries occasioned by a defect in a 
highway, was driving at a rate of speed exceeding six miles an 
hour, in violation of an ordinance of such city, will not excuse 
the town for a neglect to make its ways safe and convenient for 
travelers, if the commission of the plaintiff's offense did not in 
any degree contribute to produce the injury of which he com- 
plains. 58 Me. 199. 

If individual inhabitants of a town have knowledge of a 
defect in a road, this is sufficient notice to the town, in its cor- 
porate capacity, of such defect. 23 Me. 556 ; 21 Me. 29 ; 7 
Me. 442 ; 32 Me. 271. 

It is not necessary to prove that the surveyor or selectmen 
had notice of the existence of the nuisance, if seasonably known 
to other inhabitants. 7 Me. 442. 

In an action against a town, for an injury occasioned by rea- 
son of an obstruction suffered to remain upon its highway, an 
instruction "that notice of a defect to any inhabitant of the town, 
of sufficient intelligence to know and appreciate the danger, and 
for a sufficient length of time to enable such a person, by the 
nse of due diligence, to remove it, or to give notice to other 
inhabitants of the town of its existence, so as to enable them to 
remove it, if the person, to whom the defect was first known, 
was not a competent or suitable person to do it, was all the law 
required," was Held, erroneous. 58 Me. 222. 

Where a stick of timber was deposited in the highway, on the 
confines of a village, one or two hours before sunset, and was 



342 LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 

seen by several inhabitants, and, the same evening, a person 
riding in a chaise, was thrown out and injured by reason of 
the wheel striking against it, the town had sufficient notice. 
7 Me. 442. 

To sustain such an action, it must appear that the town had 
actual "reasonable notice of the defect," although the jury may 
infer actual notice, in any case, from the circumstances proved. 
51 Me. 532; 56 Me. 15. 

And the state of the weather, and its natural effect upon the 
ice over which the public have traveled, are proper matters for 
the consideration of the jury, upon the question of notice. 
56 Me. 15. 

What is reasonable notice to the town, of the existence of a 
nuisance in a highway, is a question of law. 7 Me. 442; 21 
Me. 29. 

A plank eight or ten feet long and ten or twelve inches wide, 
standing in a hole over a culvert, and in the traveled part of the 
way, is, in the daytime, "a reasonable notice" that that portion 
of the road is not in a usable condition. 55 Me. 46. 

There is no rule of law prescribing for what length of time 
the continuance of a defect in a highway shall constitute notice 
of its existence. 57 Me. 181. 

Where the judge instructed the jury that if they found a legal 
defect, and that it was open and visible during the whole of 
November, that the fact constituted sufficient notice, Held, 
error. lb. 

Public laws of eighteen hundred and seventy-four, chapter 
two hundred and fifteen, approved March third, eighteen hun- 
dred and seventy-four, took effect at the expiration of thirty 
days after the adjournment of the legislature that enacted it, 
and consequently has no application to the case of an injury 
received March seven, eighteen hundred and seventy-four. 64 
Me. 133. 

The notice required by the act of eighteen hundred and sev- 
enty-four, to be given to a town, by a person receiving an injury 
by reason of a defect in a highway, may be "by letter, or other- 
wise, setting forth his claim for damages, and specifying the 
nature of his injuries." 66 Me. 332. 

In such case, a notice is sufficient, which describes the fact 
substantially, and in general terms, so that thereby a town may 
have statements and intimations that would be likely to lead 



LIABILITY OF TOWNS TO REPAIR HIGHWAYS, ETC. 343 

them, acting reasonably, into such inquiry and investigation as 
would result in their acquiring a full knowledge of the facts of 
the case ; and a demand for damages for an injury to plaintiff's 
horse, is a sufficient statement of "the nature of the [plaintiff's] 
injuries." lb. 

A notice of the injury, served upon the mayor of the city, is 
notice to the city. lb. 

The notice of a party, injured by a defect in a public highway, 
to the town liable for the damage, required by the act of eight- 
een hundred and seventy-four, chapter two hundred and fifteen, 
need not be in writing. It is otherwise by the act of eighteen 
hundred and seventy-six, chapter ninety-seven. 66 Me. 453. 

It is not necessary that the amount of damages claimed should 
be stated in dollars and cents. lb. 

Where a claim for damages caused by a defective highway is 
made against a city, the mayor has no authority to waive the 
notice in writing, required by the statute of eighteen hundred 
and seventy-six, chapter ninety-seven, and repeated with a change 
as to the time in the statute of eighteen hundred and seventy- 
seven, chapter two hundred and six. 68 Me. 511. 

In such case, a verbal notice is not sufficient, nor one in writ- 
ing after the expiration of the sixty days specified in the statute, 
lb. 

The statute of eighteen hundred and seventy-four, chapter 
two hundred and fifteen, does not require the administrator of a 
person, instantly killed, by reason of a defect in a highway or 
bridge, to give the notice to the selectmen of the delinquent 
town, which one injured in his property or person is there 
required to give within sixty days after the occurrence of the 
accident. 66 Me. 545. 

Towns are liable, severally, in the cases referred to in the 
statute, for damage caused by defects in ways and bridges which 
they are bound to maintain ; and they cannot be relieved, either 
in whole or in part, from this liability, by the fact that they had 
united with another town in maintaining a bridge across a stream 
which constitutes the dividing line between them, though both 
towns are negligent, and the bridge is defective in the neighbor- 
ing town, where the accident is caused, by a defect on their own 
side of the line. lb. 

A town is not liable, in any form, for the defects in a road, 
unless, by regular legal proceedings, or by user and acquiescence 



344 LIABILITY OF TOWNS TO KEPAIK HIGHWAYS, ETC. 

for a sufficient length of time, they have acquired the right to 
make and repair the road, which may be after a user for twenty 
years. 2 Me. 55 ; 4 Me. 270. 

When there is a long continued user of a highway, which the 
town or city has repaired, or there is a dedication made and 
accepted, the town or city is liable for injuries arising from its 
defects, when the person injured is without fault. 58 Me. 348. 

If the officers of a town, in constructing or repairing a public 
way, dispose of the waste rocks or earth, for the benefit of some 
individual, so as to improve a private way belonging to him, the 
repairs thus made on the private way are made for its owner, 
and not for the town ; and the town is not estopped from deny- 
ing its location, in an action to recover for injuries sustained in 
consequence of a defect in such private way. 51 Me. 182. 

Revised statutes of eighteen hundred and fifty-seven, chapter 
eighteen, section sixty-two, assumes the existence of a way de 
facto in actual use at the place where the injury occurred ; and, 
although the party cannot deny the location of the way where 
the repairs are made, he may deny that the place where the 
injury occurred is the same way. 51 Me. 182 ; 54 Me. 93. 

The fact that the way is "continuous," is not the only fact to 
be considered in deciding whether the injury and the repairs are 
both on the same way, and is a question of fact depending on 
the circumstances of each case. 51 Me. 182. 

The distance from the defect to the place of repairs; the 
length of time the way has been used; locality, whether in a 
city or in the country ; and whether there are intersecting roads 
or streets, together with the continuity or oneness of the way, 
are also to be considered. lb. 

In an action by one town against another, for injury to a 
bridge by turning the current of the stream, the defendants can- 
not question the validity of the location of the way in the plaint- 
iff town, if the records show that the county commissioners had 
jurisdiction in the case, and made an actual location which has 
never been quashed. 65 Me. 449 ; 68 Me. 492. 



OBSTRUCTIONS IN HIGHWAYS, INJURIES, ETC. 345 



CHAPTER XXXIX. 



OBSTRUCTIONS IN HIGHWAYS, INJURIES, ETC. 

Any person may take down and remove gates, bars or fences, 
upon or across any highway or town way, unless they are there 
to prevent the spread of infectious disease, or were placed there 
by license of the county commissioners or municipal officers of 
the town. To those granting such license, a person aggrieved 
by such removal may apply, and on proof that such erections 
were made by their license, they may order them to be replaced 
by the person who removed them. R. S. c. 23, § 87. 

When logs, lumber or other obstructions, without necessity 
are left on such ways, any road commissioner, or when no road 
commissioner is chosen, one of the municipal officers, may remove 
them ; and he shall not be liable for loss or damage thereof, 
unless occasioned by design or gross negligence. When no per- 
son appears to pay the expense and trouble of removal, he may 
sell at public auction so much thereof, as is sufficient for the 
purpose, with charges of sale, posting notice of the time and 
place of sale in two public places in the town seven days prior 
thereto. The person through whose neglect or willful default 
they were left, may be prosecuted as for a nuisance. R. S. c. 
23, § 88. 

When anything has been adjudged to be a nuisance and to be 
abated, and the materials of which it is composed do not, on sale 
as aforesaid produce sufficient to pay the charges of prosecution, 
removal and sale, the court may order the deficiency to be raised 
by levy on the personal property of the person convicted of 
causing such nuisance. R. S. c. 23, § 89. 

In a highway laid out through the lands of individuals the 
public has only a right of passage. No person has a right to 
pasture it, or to plow it, except for repairs, or to cut grass 
growing on it. 6 Pick. 57 ; 82 Me. 391. 

"Highway" may include a county bridge, county road or 
county way. R. S. c. 1, § 6. 



346 OBSTRUCTIONS IN HIGHWAYS, INJURIES, ETC. 

A town may recover for damage sustained by throwing back 
the water upon the banks of its public highway by means of a 
dam. 82 Me. 391. 

Railroad may unload its cars in a street or way if done pru- 
dently and in a reasonable manner with respect to the rights of 
other travelers. 58 Me. 56. 

Merchant may use skids to unload car into his store even 
though the street is obstructed thereby, provided that ample 
room is left on the opposite side of the car for travelers to pass. 
58 Me. 56 ; 81 Me. 364. 

The obstructing or encumbering by fences, buildings or other- 
wise, of highways, private ways, streets, alleys, commons, com- 
mon landing places or burying grounds, are nuisances within the 
limitations and exceptions of chapter twenty-two of the revised 
statutes. R. S. c. 22, § 5. 

A remedy by action lies in favor of a town for damages sus- 
tained by flowing back the water upon the banks of its public 
highway by a dam, though erected for mill purposes only. 35 
Me. 247. 

And that, too, though the owner of the dam may have obtained 
the permission of the proprietor to flow the land; and though 
the town, at a reasonable expense, might have prevented the 
damage ; and though other causes, jointly with the dam, con- 
tributed to occasion the damage ; and though the dam was not 
the principal part of the damage. lb. 

If a private way be unlawfully obstructed by the owner of the 
adjoining land, a person entitled to use the way may pass over 
the adjoining close, so far as may be necessary to avoid the 
obstructions, taking care to do no unnecessary damage. 53 
Me. 160. 

Under the statutes in force in eighteen hundred and ten, relat- 
ing to roads, it may well be questioned whether the selectmen of 
towns had authority to do more than lay out roads ; and the 
expression of an opinion in a report of the laying out of a road,, 
that "two bars or gates may be kept up across the road," 
although the report was accepted by the town, confers upon the 
owner of the land no authority thus to encumber the road. 46 
Me. 453. 

The provisions of statute eighteen hundred and twenty, chap- 
ter one hundred and eighteen, section twenty-five, relate to pri- 
vate ways which are laid out for the benefit of individuals ; but 



OBSTRUCTIONS IN HIGHWAYS, INJURIES, ETC. 34T 

a nuisance in a town road or public highway may be removed by 
any one whose passage is obstructed by it. 12 Me. 32. 

P. recovered judgment against the plaintiffs for damages 
occasioned by a defect in one of their highways. The defect 
complained of was an excavation caused by the defendants, who 
were duly notified of the pendency of the former suit. In an 
action by the plaintiffs against the defendants, to recover the 
amount of such judgment, Held, 

1. That the verdict and judgment were conclusive evidence 
of the existence of the defect, the injury to P. while in the 
exercise of due care, and the amount of the injury ; 

2. That it was incompetent for the defendants to prove that, 
in making the excavation, they were guilty of no negligence, and 
that they properly guarded and covered the same at the time of 
leaving off work on the night of the alleged injury. 54 Me. 46. 

If a private citizen be guilty of a nuisance in making an 
excavation in a public highway, he will be responsible for 
injuries arising therefrom during its continuance. lb. 

No private person or corporation has the right to place or 
cause any obstruction, which interferes with the rights of others, 
on any part of the highway, within its exterior limits. For such 
obstruction, the extent of a town's liability is not the measure of 
the liability of a private person. 46 Me. 483. 

A merchant occupying a store on a street within whose limits 
the track of a railroad is located, may load or unload flour from 
a car standing temporarily on such track in front of his store, 
and thus obstruct more or less that part of the way between his 
store and the car, provided that portion of the way between the 
car and the opposite side of the street furnishes ample room for 
the accommodation of travel. 58 Me. 56. 

A railroad company, whose road is located within the limits of 
a highway, has the right to load or unload a car, standing for 
that purpose on its track, within the traveled part of the street, 
doing it in such a manner as not unreasonably to interfere 
with the right or convenience of those having occasion to use 
the way for the ordinary purposes of travel. lb. 



348 ROAD COMMISSIONER. 



CHAPTER XL. 



ROAD COMMISSIONER. 

Each town at its annual meeting may elect, and all towns 
with over sixty-five hundred inhabitants shall elect by major 
vote a road commissioner, who shall hold his office for the term 
of one year from the date of his election. Any town may, at its 
option, elect more than three commissioners, whose powers and 
duties shall be the same as prescribed for a single commissioner. 
No person shall, at the same time, hold the office of road com- 
missioner and selectman. R. S. c. 4, § 13. 

If a person elected as road commissioner fails to qualify before 
the first Monday of April, the office shall be deemed vacant, and 
shall be filled by the selectmen by appointment; and in the 
event of a vacancy caused by death or otherwise, the selectmen 
shall appoint some competent person to serve as road commis- 
sioner until the next annual meeting, who shall qualify and 
determine the duties of said office. If a town fails to elect a 
road commissioner at its annual meeting, the money raised and 
assessed for the repair of bridges and ways, as provided by 
section seventy of chapter twenty-three of the revised statutes 
shall be expended for that purpose by the selectmen ; if after 
the choice of any officer not required to be chosen by ballot, 
there is a vacancy in any such office, the municipal officers may 
fill such vacancies by the written appointment of proper persons, 
who shall be summoned by the constable to appear and take the 
oath of office provided in section twenty-five of chapter four of 
the revised statutes, subject to the penalties provided in section 
twenty-six of said chapter. Such appointment and oath shall be 
regarded as in case of a choice by the town. No person shall be 
so appointed without his consent. R. S. c. 4, § 15. 

Road commissioners shall be elected by ballot at town meet- 
ing. R. S. c. 4, § 14. 

A road commissioner is an officer or agent of the town, 
created by statute, whose powers, rights and liabilities are all 
defined and all rest upon this written law. All road commis- 



ROAD COMMISSIONER. 349 

sioners are to be chosen by the town, but the selectmen are 
required to assign in writing to each road commissioner his 
division and limits, to be observed by him. The duty of the 
road commissioner is to superintend the expenditure on the 
highways, so assigned, of the amount he may receive. He is 
not a general agent, authorized and bound to keep all highways 
in his district in a safe and convenient condition, and to do this 
at his own discretion and at an unlimited cost. His duty is lim- 
ited and specific. If he fails to expend the money when avail- 
able, when defects require the expenditure, or fails to give 
notice of a deficiency to the town officers, he may be liable to 
indictment, instead of the town. But he is not bound to 
expend his own money, or to make himself liable to others for 
labor done at his personal request. He is simply to use, at his 
best discretion, what he can obtain in labor or money from the 
persons named in his list. If this proves insufficient, from any 
cause, and the duty and interest of the town require further 
expenditures, it is his duty to consult the selectmen, and they 
may authorize him, in writing, to employ inhabitants of the 
town to labor for pay, to a certain amount. 51 Me. 352. 

Towns shall annually raise money to be expended on town 
ways and highways, and for the repair of bridges, and the same 
shall be assessed and collected, as other town taxes, and 
expended for said purposes, by a road commissioner or commis- 
sioners, or by the selectmen as the town may determine. R. S- 
c. 23, § 70. 

When any ways are blocked or encumbered with snow, the 
road commissioner shall forthwith cause so much of it to be 
removed or trodden down, as will render them passable. The 
town may direct the manner of doing it. In case of sudden 
injury to ways or bridges, he shall, without delay, cause them to 
be repaired. And all damages accruing to a person in his busi- 
ness or property, through neglect of such road commissioner or 
the municipal officers of such town, to so render passable, ways 
that are blocked or encumbered with snow, within a reasonable 
time, may be recovered of such town by a special action on the 
case. R. S. c. 23, § 62. 

There shall be furnished and kept in repair in each section of 
the town, through which there is a mail route, some effectual 
apparatus for opening ways obstructed by snow, to be used to 
break and keep open the way to the width of ten feet, and the 
municipal officers of towns, or any road commissioner under 



350 ROAD COMMISSIONER. 

their direction, may take down fences upon the line of public 
highways when they deem it necessary to prevent the drifting 
of snow therein ; but they shall in due season be replaced, in as 
good condition as when taken down, without expense to the 
owner. R. S. c. 23, § 63. 

A sum not exceeding five per cent of the amount raised for 
repair of ways and bridges may be expended by a road commis- 
sioner under the direction of the municipal officers, in planting 
trees about public burying grounds, squares and ways, if the 
town by vote authorizes it. R. S. c. 23, § 64. 

A road commissioner may remove any obstacle, which obstructs 
or is likely to obstruct a way, or render its passage dangerous. 
He may dig for stone, gravel or other material suitable for mak- 
ing or repairing ways in land not enclosed or planted, and 
remove the same to the ways. If the land from which such 
materials were taken is not within the limits of the way, the 
owner of it shall be paid therefor in money by the town, to be 
recovered after demand and refusal by the road commissioner, 
in an action as on an implied promise. R. S. c. 23, § 65. 

If the land is seeded, or in any way prepared and used for 
tillage, or for the production of crops, or trees, useful or orna- 
mental, the road commissioner must not dig upon it ; such land 
is "planted," that is, subjected to the uses of husbandry, 
reclaimed from a state of nature, so that it has become "tillage 
or mowing land," the same as "corn or meadow". 78 Me. 30. 

If the road commissioner acts unreasonably, indiscreetly or 
without honest purpose, with intent to oppress and injure, he is 
not protected by law. The injured party has redress by an 
action at law. 78 Me. 31. 

Where owner of land abutting a highway planted ornamental 
trees along line of the road, some within and some without the 
road limits, the road commissioner has no right to destroy same 
without the call of public necessity. 78 Me. 31 ; 89 Me. 262. 

Road commissioners shall go over the roads in their towns or 
cause it to be done, in April, May, June, August, September, 
October and November in each year, remove the loose obstruc- 
tions to the public travel, and whenever so directed by the 
selectmen, remove all shrubbery and bushes growing within 
the limits of highways, not planted or cultivated therein for the 
purpose of profit or ornamentation, having care for the proper 
preservation of shade trees, and repair such defects as may occur 



ROAD COMMISSIONER. 351 

from time to time, rendering travel dangerous, or they shall give 
notice of such defects to the municipal officers, under a penalty 
of five dollars for neglect of such duty. R. S. c. 23, § 66. 

No road commissioner without written permission from the 
municipal officers, shall cause a water course to be so constructed 
by the side of a way as to incommode any person's house or 
other building, or to obstruct any one in the prosecution of his 
business. Any person so aggrieved may complain to the munic- 
ipal officers, who shall view the water course and may cause it 
to be altered as they direct. R. S. c. 23, § 67 ; 32 Me. 327 ; 
63 Me. 480 ; 86 Me. 380. 

The municipal officers are made agents of the town, by this 
statute, for such purposes, and may do the work at the town's 
expense. 89 Me. 426. 

When a way or street is raised or lowered by a road commis- 
sioner or person authorized, to the injury of an owner of adjoining 
land, he may, within a year, apply in writing to the municipal 
officers and they shall view such way or street and assess the 
damages, if any have been occasioned thereby, to be paid by the 
town, and any person aggrieved by said assessment, may have 
them determined, on complaint to the supreme judicial court, 
in the manner prescribed in section twenty of chapter twenty- 
three of the revised statutes. Said complaint shall be filed at 
the term of the supreme judicial court, next to be held within 
the county where the land is situated, after sixty days from the 
date of assessment. 

Where an existing street or road is dug down, to the injury 
of the owner of land adjoining, it is not an alteration, within 
the meaning of the statute, which will entitle the owner of land 
to damage. If the road commissioner dig down a street or road, 
with discretion, and not wantonly, no action at law can be main- 
tained except as is provided by statute. 43 Me. 332. 

"To the injury of the owner" means the owner at the time of 
the injury. No other person is or can be injured. 65 Me. 592. 

When the amount appropriated is not sufficient to repair the 
ways a road commissioner may, with the written consent of the 
selectmen, employ inhabitants of the town to labor on such ways, 
to an amount not exceeding fifteen per cent of the amount so 
appropriated and in addition thereto. R. S. c. 23, § 69. 

The written consent of a majority of the selectmen must be 
obtained. 3 Me. 445 ; 13 Me. 293. 



352 ROAD COMMISSIONER. 

A verbal direction is insufficient. 30 Me. 157. 

If a road commissioner employs laborers upon the highways, 
upon the credit of the town, except by the written consent of 
the selectmen, when the money appropriated for the repairs 
within his limits prove insufficient, the town is not liable. 34 
Me. 405; 51 Me. 352; 55 Me. 437; 84 Me. 22. 

Towns shall annually raise money to be expended on town 
ways and highways, and for the repair of bridges, and the same 
shall be assessed and collected, as other town taxes, and expended 
for said purposes, by a road commissioner or commissioners, or 
by the selectmen as each town may determine. R. S. c. 23, § 70 ; 
72 Me. 517. 

Sixty-five per cent of the highway taxes assessed shall be 
expended upon the highways prior to the fifteenth day of July, 
and the balance at such time as the commissioner, or in case no 
commissioner is elected, as the selectmen deem for the best good 
of the public. R. S. c. 23, § 71. 

The road commissioner under the direction of the selectmen, 
shall have charge of the repairs of all highways and bridges 
within the towns and shall have authority to employ the neces- 
sary men and teams, and purchase timber, plank and other mate- 
rial for the repair of highways and bridges. He shall give bond 
to the satisfaction of the selectmen, and be responsible to them 
for the expenditure of money, and discharge of his duties gener- 
ally. His compensation shall be such sum as the towns shall 
annually vote therefor, which sum shall, in no case be less than 
one dollar and fifty cents a day, for every day of actual service ; 
and he shall render to the selectmen monthly statements of his 
expenditures, and receive no money from the treasury except on 
the order of the selectmen. R. s/c. 23, § 72; 95 Me. 482. 

If a road commissioner fails to give the bond required by the 
foregoing section, he is not entitled to the compensation or emol- 
uments of the office, even if he has performed the duties thereof. 
95 Me. 484. 

He shall keep accurate accounts, showing in detail, all moneys 
paid out by him, to whom and for what purpose ; he shall settle 
his accounts on or before the twentieth day of February, annu- 
ally, and the same shall be reported in the annual town report in 
detail. In case no commissioner is elected by a town at its 
annual meeting, the selectmen of said town shall keep accurate 
accounts showing in detail all moneys paid out by them for the 
repair of bridges and ways, to whom and for what purpose, and 



ROAD COMMISSIONER. 353 

the same shall be reported in the annual town report in detail. 
R. S. c. 23, § 73. 

Towns may authorize their road commissioners or other per- 
sons to make contracts for opening or repairing their ways. R. 
S. c. 23, § 75. 

In repairing ways, the extent to which road commissioners 
may encumber them, will be limited by the measure of necessity ; 
and of this they are not the exclusive judges, but act at their 
peril. 11 Me. 271. 

A road commissioner may lawfully remove a fence across the 
highway, without first requiring the owner of such fence to 
remove it. 13 Me. 250. 

He has no authority to subject to a public easement any land 
not lying within the limits of the road. 32 Me. 325. 

However important it may be to the public to have the water 
turned off from the highway, he has no authority to make a 
ditch for that purpose through adjoining lands. And, for such 
an act, trespass may be maintained by the owner of the land, 
lb. 

The acts of a street commissioner of a city, within the scope 
of the trust committed to him, are, prima facie, the acts of the 
city ; whether they are within the general authority conferred, is 
a question of fact. 51 Me. 182. 

It was not the intention of revised statutes of eighteen hun- 
dred and fifty-seven, chapter eighteen, section sixty-two, to 
authorize street commissioners, on their own motion, to bind 
their town or city, by constructing a way in whole or in part 
where none previously existed. 54 Me. 93. 

A town is not liable for the tortious taking and use by the 
road commissioners of split stone (lying on land taken for a 
highway, and belonging to a private person), for the purpose of 
constructing a culvert across the highway which he is construct- 
ing. 51 Me. 359. 

The herbage growing upon the highway belongs to the owner 
of the fee, and the public cannot use it or authorize it to be 
destroyed. The authorities may cut it for the purpose of 
improving the highway, but after severance it belongs to the 
owner of the soil. In regard to timber and materials the public 
have a right to use so much as may be necessary for the con- 
struction and repair of the road. But materials taken from one 

23 



354 ROAD COMMISSIONER. 

part of a highway may be used on any other part thereof, or 
upon a different highway. In some cases it is held that the 
public can use only such materials as is necessary to remove in 
order to bring the road or street to grade or to improve or repair 
it at the point where the materials are taken. The rights of the 
public to such materials are paramount and may be protected by 
injunction. The city of Minneapolis made a contract for the 
building of a sewer in a street through a ledge of rock, by which 
the contractor was to excavate the street for its entire width to 
the arrival of the bottom of the sewer, construct the sewer and 
refill the street with other material, and take the stone quarried 
as compensation for his work. The owner of the fee sued for 
the value of the stone taken out. The court held that as to 
the part which it was necessary to remove in order to build the 
sewer, the city could dispose of it as it saw fit, but as to the 
remainder it was liable, the measure of damages being the value 
of the stone as it lay in the ledge. Subject to the rights of the 
public, the owner of the fee is the owner of the trees and 
materials in the roadway, and may take and use them in any 
way which does not interfere with the rights of the public. In 
regard to superfluous materials, the proper course would seem to 
be to notify the owner of the fee to remove them if he desires to 
do so. If, after a reasonable time has elapsed, he has not done 
so, then the public authorities may make any disposition of them 
they see fit. The later authorities seem rather to favor the 
position that materials which it is necessary to remove for the 
improvement of the way, belong absolutely to the public and 
may be disposed of as the public see fit. Abbott on Municipal 
Corporations, § 825. See also 125 Mass. 218 ; 43 Me. 334 ; 52 
Me. 566; 79 Me. 363. 

The selectmen of the defendant town addressed and delivered 
to the plaintiff, a duly appointed and sworn highway surveyor 
of the town, a written order, officially signed, of the following 
tenor : "You are requested to keep the snow broken down with- 
in the limits of your district, so as to make it passable, and to do 
it with as little expense to the town as possible, and to keep an 
account of each one's own labor, and make return of it to us five 
days before next annual meeting." Thereupon the plaintiff 
employed several men to aid him in suitably removing the snow, 
and paid them a reasonable compensation therefor, but made no 
return of their labor as directed. In assumpsit for his own labor 
and for the money paid to his employees, Held, 

1. That the written order was directed to the plaintiff in his 



ROAD COMMISSIONER. 355 

official capacity, and required the performance of an official 
duty ; 

2. It did not authorize him to perform the labor, pay the 
employees, and look to the town for reimbursement ; but that 

3. As a surveyor under the statute, to employ, with the con- 
sent of the selectmen thus expressed, men, of whose work he 
was to make a return, and who would thereby become entitled 
to their pay from the treasury of the town. 55 Me. 433. 

A street commissioner, or one acting under him, cannot be 
made liable for the purposes of the city council, while acting 
under an order passed within the scope of their authority, or for 
his own purposes in the proper execution of the order. 43 Me. 
332. 

If a surveyor of highways dig down a street or road with 
discretion, and not wantonly, he is not liable, either at common 
law or by statute, when acting under legal authority. lb. 

Where a new power is given by statute, and the means of 
executing it prescribed therein, the power must be executed 
accordingly. And this principle is applicable to the act of 
eighteen hundred and forty-six, chapter two hundred and six- 
teen, lb. 

A corporation, having power to raise money for the repair of 
highways, may make compensation therefor in the material taken 
from the same in the process of making the improvement. But, 
whether they can do so to the injury of the owner of adjoining 
land, where the record, conferring the power, shows the sole 
purpose to be for the benefit of the individual making the 
removal, may well be doubted. lb. 

A corporation, having the power to determine what repairs 
should be made in its roads and streets, may exercise, through 
its officers, acting within the scope of their authority, its own 
judgment, which cannot be set aside by a jury in a suit at law. 
lb. 

Trespass cannot be maintained by the proprietor of unfenced 
land, against persons building a new highway through it, for 
necessarily entering thereon, doing as little damage as may be, 
or if their cattle stray upon such land, against the will of their 
owner. 13 Me. 250.' 

The land owner, across whose land a highway has been legally 
located as an alteration of one previously existing, cannot main- 
tain an action of trespass against the highway surveyor of his 



356 ROAD COMMISSIONER. 

district, for doing, within the limits of the location, only those 
acts which were necessary to make such highway passable, safe 
and convenient, even where it does not appear that the town had 
raised or appropriated money to make the alteration, or that the 
selectmen had specially directed the surveyor to expend his 
money upon that part of the way. 68 Me. 492. 

By a valid alteration of an existing way, the newly located 
portion is substituted for the old, and the surveyor of the dis- 
trict may, in the exercise of his official discretion, expend the 
money in his rate bills thereon ; and, unless he goes outside the 
located limits, or does acts injurious to the land owner within 
them which were not necessary for the proper preparation of the 
way for use, he will be justified. lb. 

Where a surveyor of highways was required by the selectmen 
to build a road, recently laid out, and, in doing it, he and those 
acting under his direction took from the plaintiff's land, lying 
contiguous to the road, not planted nor inclosed, a quantity of 
stone necessary for the building the road, trespass quare clausum, 
cannot be maintained against the surveyor and those under him, 
the remedy for compensation, by revised statutes eighteen hun- 
dred and forty-one, chapter twenty-five, section seventy-two, 
being in a different mode. 25 Me. 126. 

A road commissioner is not liable for negligence of men 
employed by him. 97 Me. 536. 

He is liable for his own negligence in furnishing men suitable 
appliances. 97 Me. 536 ; 99 Me. 208. 



CHAPTER XLL 



TOLL BKIDGES. 

All military companies, with their ordnance and equipage, on 
days of training or review, while under arms, or in going to or 
returning from their place of parade, and all persons going to or 
from a funeral, or public worship on the Lord's day, may pass 
over toll bridges, free of toll. R. S. c. 50, § 1. 

Every traveler, claiming to pass any toll bridge free, shall 
communicate to the toll gatherer his name and place of abode, if 



TOLL BRIDGES. 357 

required. Whoever refuses or omits so to do, or willfully renders 
a false answer, and thereby evades the payment of his legal toll, 
forfeits to the proprietors ten dollars to be recovered in an 
action of debt. R. S. c. 50, § 2. 

If any person driving neat cattle or horses over any toll 
bridge more than fifty feet in length from one abutment, pier, or 
trestle part to another, without the consent of the toll gatherer, 
or agent of the corporation owning it, permits more than twenty 
neat cattle or horses to be on such bridge at the same time, or 
drives or transports over it any loaded cart, wagon or other car- 
riage, the weight whereof exceeds forty-five hundred pounds, 
exclusive of the team and carriage, and thereby breaks it down 
or injures it, neither he nor the owner of any property under his 
charge shall recover any damages against such corporation for 
his loss or injury. R. S. c. 50, § 3 ; 79 Me. 565. 

If a bridge corporation, or its agent, unreasonably delays or 
hinders any person driving a cart, wagon, sleigh or other 
carriage, from passing any toll gate, such corporation forfeits to 
such person not less than two, nor more than twenty dollars ; to 
be recovered by an action on the case. R. S. c. 50, § 4. 

No more than two persons, and children with them not 
received for the purpose of evading the payment of toll, have a 
right to pass a toll bridge in any carriage, free of the toll pay- 
able by foot passengers in addition to the toll due on the 
carriage. R. S. c. 50, § 5. 

Whoever maliciously breaks down or otherwise destroys or 
injures any toll gate, or toll bridge, or passes or attempts to pass 
such gate with intent to avoid the payment of toll, when liable 
thereto, and it is demanded, forfeits not less than five, nor more 
than fifty dollars to the proprietors of the bridge, in addition to 
any actual damages caused by him ; but no process shall be 
maintained to recover such penalty, unless the corporation has 
complied with its charter, and the bridge is in repair, as public 
safety and interest require. R, S. c. 50, § 6 ; 28 Me. 304. 

Every toll bridge, if in whole or in part covered, shall be suit- 
ably lighted with not less than one sufficient light for every sev- 
enty-five feet in length of the covered part, commencing within 
twenty minutes after sunset, and continuing until ten o'clock in 
each evening ; except at the seasons of the year, if any, when 
toll is not demanded ; and for each evening's neglect or refusal 
to do so, the corporation forfeits two dollars, to be recovered by 
an action of debt, in the county where any part of the bridge is 



358 TOLL BRIDGES. 

situated, to the prosecutor ; and is also liable, in a special action 
for damages, to any person injured thereby. R. S. c. 50, § 7. 

Persons and corporations maintaining covered bridges for pub- 
lic travel, shall keep them snowed at all reasonable times. 
R. S. c. 50, § 8. 

When a toll bridge corporation offers to surrender its bridge, 
free of cost or encumbrance, to the county commissioners of the 
county or counties where it is established, and they think it for 
the public interest and convenience, they shall accept it, and it 
shall thereafter be the property of such county or counties, and 
be maintained at their expense ; but they shall not so accept a 
bridge connecting with a way not located and accepted by the 
town or county where it is situated. Any party aggrieved by 
the doings of the commissioners, as aforesaid, may have a com- 
mittee or jury to determine the matter as provided , in chapter 
twenty-three. R. S. c. 50, § 9. 

Towns, corporations and individuals, . owning ferries and 
bridges authorized to receive toll, may take and use land within 
the limits of the highway for the erection and maintenance of 
toll houses, but not to obstruct the public travel. R. S. c. 50, 
§10. 



CHAPTER XLIL 



GUIDEPOSTS. 

Towns shall erect and maintain at all crossings of highways, 
and where one public highway enters another, substantial guide- 
posts not less than eight feet high, and fasten to the upper end 
of each a board, on which shall be plainly printed, in black let- 
ters on white ground, the name of the next town on the route, 
and of such other place as the municipal officers direct, with the 
number of miles thereto, and a figure of a hand with the fore- 
finger pointed thereto ; and for any neglect herein, towns are 
subject to indictment, and fine not exceeding fifty dollars. R. S. 
c. 23, § 91. 

The duty to erect and maintain guideposts devolves primarily 
with the town. The liability of its officers arises only upon and 



GUIDEPOSTS. 359 

after their own neglect. Bnt the municipal officers of a town 
are not required to furnish funds for the performance of any 
duty imposed on the town. If they did, it would seem that 
they could not recover these advances of the town. The town 
must raise the needed funds. If it has not been done, the 
selectmen are guilty of no neglect in not erecting guideposts. 
72 Me. 286. 

The statute imposes a penalty upon towns for not maintaining 
guideposts at junctions and crossings of highways where one 
public highway enters another. Roads wholly within a town 
and merely leading into or connecting with such highways are 
not within the statute, and towns are not obliged to maintain 
guideposts where such roads enter highways. 100 Me. 402. 

If the municipal officers of any town unreasonably neglect to 
cause a guidepost to be erected in their town as provided by 
law, they forfeit five dollars for each month's neglect, to be 
recovered in an action on the case by any person suing therefor. 
Plantations assessed in state or county taxes, and their officers, 
are under the same obligations and subject to the same penalties 
in these respects as towns. R. S. c. 23, § 92. 

Whoever willfully and wantonly or maliciously injures or 
removes any monument erected, or tree marked as a boundary 
of any land or town ; destroys, defaces or alters the marks there- 
on, made for the purpose of designating such boundary ; injures 
or defaces any milestone or guideboard erected on a public way 
or railroad ; removes, defaces or injures any sign-board, lamp or 
lamp post ; or extinguishes any lamp on any bridge, street, way 
or passage, shall be punished by imprisonment for less than one 
year, and by fine not exceeding one hundred dollars. R. S. c. 
128, § 19. 



CHAPTER XLIII. 



LAW OF THE ROAD. 

As used in this chapter, the word "way" includes all kinds of 
public ways. And the word "team" all kinds of conveyances on 
such ways for persons and for property. R. S. c. 24, § 1. 

When persons traveling with a team are approaching to meet 



360 LAW OF THE ROAD. 

on a way, they shall seasonably turn to the right of the middle 
of the traveled part of it, so far that they can pass each other 
without interference. When it is unsafe or difficult on account 
of weight of load to do so, a person about to be met or over- 
taken, if requested, shall stop a reasonable time at a convenient 
place, to enable the other to pass. R. S. c. 24, § 2. 

In turning out they shall use ordinary care and caution, and if 
one of them, by omitting this care, be injured in his person or 
property, he is without remedy, and if he injure the other he 
will be liable to him in damages. 11 Me. 338 ; 25 Me. 46. 

Where two alternatives are presented to a traveler upon the 
highway as modes of escape from collision with an approaching 
traveler, either of which might fairly be chosen by an intelligent 
and prudent person, the law will not hold him guilty of negli- 
gence for taking either. 66 Me. 376. 

A man may travel in the middle or either side of the road, 
when no person is passing or about to pass in an opposite 
direction. 71 Me. 347. A greater care should be exercised by 
both parties if the night is dark. When darkness exists, each is 
equally bound to exercise care and prudence under the circum- 
stances. 71 Me. 348. 

By the "traveled part of the road" is intended that part of the 
road which is usually used for traveling. 4 Pick. 126. 

When a person with a team is stationary, or traveling slowly 
on a way at a place unsafe or inconvenient for passing him 
with a team, he shall, if requested, drive to the right or left, 
or stop a reasonable time at a convenient place, to allow the 
other to pass. R. S. c. 24, § 3. 

When the road is impassable, the traveler may lawfully pass 
over the adjoining land. 53 Me. 160. 

No person shall leave his team stationary on a way so as to 
obstruct the free passage of other teams ; or allow his team to be 
on a way without a driver. R. S. c. 24, § 4. 

Three or more bells must be fastened to one of the foremost 
horses drawing teams on snow without wheels. R. S. c. 24, § 5. 

Any person injured by a violation of either of previous 
sections, may recover damages in an action on the case, com- 
menced within one year. Such violator forfeits not less than 
one, nor more than twenty dollars, to be recovered on complaint 
made within sixty days. R. S. c. 24, § 6. 



LAW OF THE ROAD. 361 

No automobile or motor vehicle shall be driven or operated 
upon any highway, town way, public street, avenue, driveway, 
park or park way, at a greater rate of speed than fifteen miles an 
hour, or upon any highway, town way, public street, avenue, 
driveway, park or park way, within the compact or built up 
portions of any city, town or village, the limits of which shall be 
fixed by the municipal officers thereof, at a greater rate of speed 
than eight miles an hour, except where such city or town may 
by ordinance or by-law permit a greater rate of speed. R. S. 
c. 24, § 7. 

No person driving or in charge of an automobile or motor 
vehicle on any highway, town way, public street, avenue, drive- 
way, park or park way, shall drive the same at any speed greater 
than is reasonable and proper, having regard to the traffic and use 
of the way by others, or so as to endanger the life or limb of any 
person ; and racing any such vehicle on any such ways or parks 
is hereby forbidden. R. S. c. 24, § 8. 

Every person driving or operating an automobile or motor 
vehicle shall at request and signal by putting up the hand, or by 
other visible signal, from a person riding or driving a horse or 
horses or other domestic animals, cause such vehicle to come to 
a stop as soon as possible and to remain stationary so long as 
may be necessary to allow such animal or animals to pass. R. 
S. c. 24, § 9. 

Automobiles are now recognized as legitimate means of con- 
veyance on the public highway. The fact that horses unac- 
customed to see them are likely to be frightened by the unusual 
sound and appearance of them has not been deemed sufficient 
reason for prohibiting their use, but it is an element in the 
question of due care on the part of the drivers of both horses 
and motor cars, and a consideration to be entertained in deter- 
mining whether such care has been exercised to avoid accident 
and injury in the exigencies of the particular situation. 103 
Me. 255. 

Every such automobile or motor vehicle shall have attached 
thereto a suitable bell or other appliance for giving notice of its 
-approach, which, when rung or otherwise operated, may be 
heard at a distance of three hundred feet ; and shall also carry a 
lighted lamp between one hour after sunset and one hour before 
sunrise. R. S. c. 24, § 10. 

Municipal officers of any city or town may designate places 
on any streets or ways therein, where, in their judgment, by 



362 LAW OF THE ROAD. 

reason of cliffs, embankments or other exceptional natural con- 
ditions, the meeting of automobiles or motor vehicles and horses- 
would be attended with unusual danger. Such designation shall 
be made by causing the words "automobiles — go slow" to be 
conspicuously displayed on sign-boards at the right hand side of 
each approach to the place to be designated, and not more than 
one hundred and fifty feet distant therefrom ; and an automobile 
or motor vehicle, before meeting any horse between such limits,, 
shall be brought to a standstill, and shall not proceed, unless by 
request of the rider or driver of the horse, until such horse shall 
have passed ; and no such vehicle shall pass any place so desig- 
nated at a greater speed than four miles an hour. R. S. c. 24, 

§ 11. 

Whoever violates any provision of the five preceding sections- 
shall be punished by fine not exceeding fifty dollars, or by 
imprisonment not exceeding ten days. R. S. c. 24, § 12. 

No team shall travel faster than a walk on a bridge erected 
wholly or partly by the state, or on any bridge covered with 
plank and fifty feet long composing part of a way, or on any 
bridge owned by a corporation, if a board with the words "three 
dollars fine for riding or driving on this bridge faster than a. 
walk," legibly painted in black letters on a white ground, is kept 
exposed in some conspicuous place at each end thereof. R. S- 
c. 24, § 13. 

Whoever willfully violates the preceding section, forfeits three- 
dollars, to be recovered on complaint made by any owner of said 
bridge, or by any municipal officer of the town in which it is- 
located, to the owners of the bridge, or to the town required to- 
keep it in repair; but no person passing after sunset and before 
sunrise is so liable without proof that he previously had knowl- 
edge of such prohibition. R. S. c. 24, § 14. 

If the driver of a team having passengers therein conveyed 
for hire, leaves it without any person in charge and without 
fastening it securely, he may be fined not exceeding thirty dol- 
lars or imprisoned not exceeding one month. R. S. c. 24, § 15. 

Teams with wheels, if drawn by more than two horses, oxen 
or mules, must have the rims of their wheels at least four inches- 
wide, and if drawn by more than four horses, oxen or mules, at 
least five inches wide, when traveling on the road from Jackson 
brook, in Washington county, to Forest City, and when travel- 
ing on the highway from the spool mill of the Willimantic Linen 
Company in Willimantic, in Piscataquis county, by the resi- 



LAW OF THE ROAD. 363 

dences of Irvine Floyd or Jabez Hathaway, to Francis' siding 
on the Bangor and Aroostook Railroad in Abbot, and when 
traveling along the road leading from West Buxton in Buxton 
in York county to the Saco River railroad station, and on the 
road leading from said West Buxton to the Buxton railroad 
station, and on the road leading from Bar Mills in Buxton via 
Duck pond, so-called, to the Gorham town line, and when trav- 
eling on the road leading from Newry Corner in the town of 
Newry, in Oxford county, to the Grand Trunk railway station 
in Bethel village in the town of Bethel, and when traveling on 
the road leading from East Bethel in said town of Bethel to 
Locke's Mills, so-called, in the town of Greenwood, and when 
traveling on the road leading from the town of Mason in said 
Oxford county to West Bethel village, and when traveling on 
any of the streets or roads in said Bethel village ; and no team 
drawn by more than six horses, oxen or mules, shall travel 
thereon. This section is not applicable to stage or pleasure 
carriages, or to those owned by the state or the United States, 
or to any cart or wagon owned by the settlers in the vicinity 
and used for farming purposes. The owner or driver of a team 
violating this section, forfeits twenty dollars and one dollar 
more for each mile of road passed, to be recovered by complaint 
before a municipal or police court or trial justice in the county 
where the offense was committed, and on a libel or complaint, 
he may issue his warrant to seize and detain such team to 
respond to such fine and cost. R. S. c. 24, § 16. 

All automobiles and motor vehicles shall be registered by the 
owner or person in control thereof in accordance with the pro- 
visions of this act. Application for such registration may be 
made, by mail or otherwise, to the secretary of state upon blanks 
prepared under his authority. The application shall, in addi- 
tion to such other particulars as may be required by said secre- 
tary, contain a statement of the name, place of residence and 
address of the applicant, with a brief description of the automo- 
bile or motor vehicle, including the name of the maker, the num- 
ber, if any, affixed by the maker, the character of the motor 
power and the amount of such motor power stated in figures of 
horse power; and with such application shall be deposited a 
registration fee of two dollars. The said secretary shall then 
register, in a book to be kept for the purpose, the automobile 
or motor vehicle described in the application, giving to such 
automobile or motor vehicle a distinguishing number or other 
mark, and shall thereupon issue to the applicant a certificate of 



364 LAW OF THE ROAD. 

registration. Said certificate shall contain the name, place of 
residence and address of the applicant, and the registered num- 
ber or mark, shall prescribe the manner in which said registered 
number or mark shall be inscribed or displayed upon the auto- 
mobile or motor vehicle, and shall be in such form as the secre- 
tary may determine. The secretary of state shall also furnish 
the applicant two enamelled iron plates containing the word 
"Maine" in letters not less than one inch in height and the num- 
ber of registration in Arabic numerals not less than four inches 
in height. The number plates must be attached to the front 
and back of automobiles and one number plate must be attached 
to the back of motor cycles. On both automobiles and motor 
cycles the numbers must be so placed to be always plainly visi- 
ble. A proper record of all applications and of all certificates 
issued shall be kept by the secretary Of state in his office and 
shall be open to the inspection of any person during reasonable 
business hours. The certificate of registration shall always be 
carried in some easily accessible place in the automobile or motor 
vehicle described therein. Upon the sale of any automobile or 
motor vehicle its registration shall expire, and the vendor shall 
immediately return the certificate of registration to the secretary 
of state, with notice of sale, and of the name, place of residence 
and address of the vendee. R. S. c. 24, § 17. 

Every manufacturer of or dealer in automobiles or motor vehi- 
cles, may instead of registering each automobile or motor vehicle 
owned or controlled by him, make application upon a blank pro- 
vided by said secretary of state for a general distinguishing 
number or mark, and said secretary may, if satisfied of the facts 
stated in said application, grant said application, and issue to 
the applicant a certificate of registration containing the name, 
place of residence and address of the applicant, and the general 
distinguishing number or mark assigned to him, and made in 
such form as said secretary of state may determine; and all 
automobiles and motor vehicles owned and controlled by such 
manufacturer or dealer, shall, until sold or let for hire or loaned 
for a period of more than five successive days, be regarded as 
registered under such general distinguishing number or mark. 
The fee for every such license shall be ten dollars. R. S. c. 24, 

§ 18 - 

Licenses for operating automobiles and motor vehicles shall be 
issued by the secretary of state. Application shall be made 
upon blanks prepared by the secretary of state for this purpose, 



LAW OF THE ROAD. 365 

and the licenses issued shall be in such form and shall contain 
such provisions as said secretary of state may determine. To 
such licensee shall be assigned some distinguishing number or 
mark, and a proper record of all applications for license and of 
all licenses issued shall be kept by the secretary of state at his 
office, and shall be open to the inspection of any person during 
reasonable business hours. Each license shall state the time, 
place of residence of the licensee and the distinguishing number 
or mark assigned to him. The fee for each license to operate 
shall be two dollars. All fees shall be deposited at the time of 
making the application. The secretary of state may at any time 
suspend or revoke any license for any violation of this act or 
regulation made thereunder. Before a license to operate is 
granted, the applicant shall present such evidence as to his 
qualifications as may be required by the secretary of state. 
R. S. c. 24, § 19. 

Except as otherwise provided herein no automobile or motor 
vehicle after the first day of June, nineteen hundred and five, shall 
be operated upon any highway, town way, public street, avenue, 
driveway, park or park way, unless registered as heretofore pro- 
vided, and no person shall on or after the first day of June in 
the year nineteen hundred and five, operate an automobile or 
motor vehicle upon any highway, town way, public street, ave- 
nue, driveway, park or park way, unless licensed to do so under 
the provisions of this act. R. S. c. 24, § 20. 

Automobiles or motor vehicles owned by non-residents of this 
state and driven by a person licensed in this or in some other 
state may be operated on the roads and highways of this state 
unless prohibited by special law or town ordinance duly author- 
ized by the legislature, subject, however, to the provisions of 
sections seven, eight, nine, ten, eleven, and twelve, and provided 
that such person shall show in front and at the back of his auto- 
mobile and at the back of his motor cycle the registration num- 
ber granted him in such other state, and the name of the other 
state in Arabic letters at least one inch high. The provisions of 
this and the preceding sections shall not prevent the operating 
of automobiles by unlicensed persons if riding with or accom- 
panied by a licensed operator. R. S. c. 24, § 21. 

Whoever violates any provision of the five preceding sections 
shall be punished by fine not exceeding fifty dollars, or by 
imprisonment not exceeding ten days. R. S. c. 24, § 22. 



366 STATE ROADS. 



CHAPTER XLIV. 



STATE ROADS. 

The objects of this act are to obtain a more uniform system 
for the permanent improvement of main highways or state roads 
throughout the state, to secure the co-operation of the munici- 
palities and the state in providing means therefor, and to pro- 
vide for more efficient and economical expenditure of moneys 
appropriated for highway construction and repair. P. L. 1907, 
c. 112, § 1. 

The following described roads shall be considered main high- 
ways or state roads within the meaning of this act ; in towns 
which have already availed themselves of the provisions of 
sections ninety-nine to one hundred and five of chapter twenty- 
three, revised statutes, nineteen hundred and three, and acts 
amendatory thereof and additional thereto, such roads as have 
heretofore been designated state roads by the county commis- 
sioners; in towns which have not heretofore availed themselves 
of said provisions, but which vote to accept the provisions of 
this act, such roads as may hereafter be designated as state 
roads. When notified by the state commissioner of highways 
that any town has voted to accept the provisions of this act, it 
shall be the duty of the county commissioners of the county in 
which such town is located, on or before June first of the year 
of such notification to determine the main traveled thoroughfare 
of said town and to designate the same as the state road. Said 
county commissioners shall forthwith return to the state com- 
missioner of highways a record of their proceedings in each 
town and an accurate, minute and careful description of each 
road so designated. Provided, however, that upon petition of a 
majority of the legal voters, in any town or a majority of the 
municipal officers of any city presented to the state com- 
missioner of highways stating that in the judgment of the 
petitioners the road as designated by the county commissioners 
is not the main traveled thoroughfare in that town and that 
public convenience would be better served by the designation of 



STATE ROADS. 367 

some other road as the state road, which other road must be 
described in the petition, it shall be the duty of the state com- 
missioner of highways, after such notice as he may order to give 
a, public hearing upon said petition at some convenient place 
where all parties interested may be heard. The state com- 
missioner of highways, the mayor, or street commissioner or city 
engineer, if designated by the mayor to act in his stead, in the 
case of cities ; the chairman of the selectmen or one member of 
the board whom the chairman shall designate, in the case of 
towns ; the chairman of the board of assessors, or one member 
of the board of assessors who shall be designated by the chair- 
man, in the case of plantations ; and a county commissioner 
from an adjoining county to be chosen jointly by the state com- 
missioner and the representative of the city, town or plantation 
as provided herein, shall constitute a board to hear said 
petitions and parties interested and designate the state road, 
which designation shall be final. County commissioners when 
hearing said petitions shall receive three dollars per day and 
expenses, to be paid together with advertising and incidental 
expenses from the treasury of the county in which the town is 
located. In case the decision is against the petitioners said 
board shall order in their decision that the petitioners repay to 
the county within a fixed time all said costs in connection with 
the hearing of the petition. In case such payment shall not be 
made within the time so fixed then the treasurer of the county 
within which the petition was heard shall commence an action 
of debt against said petitioners or any of them in the name of 
the county for the recovery of said costs and expenses. Pro- 
vided, further, that when the state road in any town has been 
reconstructed in a permanent manner within the meaning of this 
act it shall be the duty of the county commissioners to designate 
the next important main thoroughfare as state road. Municipal 
ofricers may notify the state commissioner of highways when in 
their opinion the state road is entirely reconstructed as above, 
but such notification must be made immediately upon the com- 
pletion of the road. It shall then be the duty of the state com- 
missioner of highways, together with the county commissioners of 
the county in which the road is located to make an inspection of 
the road and to determine whether or not it is complete. If 
they find the road to be not complete they shall specify to the 
municipal ofricers in what particulars, and the municipal ofricers 
shall, in their next proposal for expenditure of joint funds, 
specify that it is desired to use said joint funds in completing 



368 STATE ROADS. 

said road according to said specifications returned by the state 
commissioner of highways and the count} r commissioners. If 
the road is complete the county commissioners shall designate 
another state road as provided in this section. P. L. 1907 r 
c. 112, § 2. 

To carry out the provisions of this act there is hereby created 
and established a state highway department whose chief officer 
shall be called the state commissioner of highways. Said com- 
missioner shall be a civil engineer and shall be appointed by the 
governor with the advice and consent of the council, within ten 
days after this act takes effect. The term of office of said com- 
missioner shall be four years and until his successor is appointed 
and qualified. He shall receive an annual salary of two thou- 
sand five hundred dollars, and in addition thereto such actual 
expenses, not exceeding fifteen hundred dollars annually, as he- 
may personally incur in the execution of the duties of his office, 
the same to be approved by the governor and council. Said 
commissioner shall be furnished with suitable officers at the seat 
of government properly provided with all necessary furniture,, 
equipment and stationery, and he shall personally superintend 
the work of the department. Said commissioner may appoint, if 
the work of the department requires it, subject to the approval 
of the governor and council, one assistant commissioner who 
shall be a civil engineer and experienced in road building. Said 
assistant commissioner shall receive an annual salary not to 
exceed fifteen hundred dollars and actual expenses incurred 
when on official business within the state, the same to be 
approved by the governor and council. He may also appoint 
one clerk and bookkeeper at a salary not to exceed thirteen 
hundred dollars and one stenographer at such salary as may be 
determined upon and approved by the governor and council. 
He may also employ such other help as the execution of this- 
act shall make necessary upon terms to be approved by the 
governor and council. All salaries and expenses called for in 
this section shall be charged against administration except as- 
hereinafter provided. P. L. 1907 c. 112, § 3. 

If any city or town or organized plantation or the county 
commissioners for any unincorporated township desire state aid 
as contemplated by this act, for the permanent improvement of 
its state road, such city or town or organized plantation may 
raise and appropriate in addition to the amounts regularly raised 
and appropriated for the care of ways, highways and bridges 
the following amounts, on account of which aid shall be paid. 



STATE ROADS. 369 

Towns having a valuation of two hundred thousand dollars 
or less may appropriate any amount not exceeding two hundred 
dollars; towns having a valuation over two hundred thousand 
dollars and not over eight hundred thousand dollars may appro- 
priate an} r amount not exceeding four hundred dollars; towns 
having a valuation over eight hundred thousand dollars and less 
than one million dollars may appropriate any amount not 
exceeding four hundred fifty dollars ; and towns having a valu- 
ation over one million dollars and not exceeding three million 
dollars may appropriate an additional fifty dollars for each 
two hundred thousand dollars additional valuation or fraction 
thereof ; towns having a valuation of three million dollars and 
less than four million dollars, may appropriate one thousand 
dollars ; and towns having a valuation of over four million dol- 
lars may appropriate an additional one hundred dollars for 
each one million dollars additional valuation or fraction thereof. 
And the commissioners of each county within which are located 
unincorporated townships, if they desire state aid for the per- 
manent improvement of the main thoroughfare or state road of 
any of said townships, shall raise and appropriate in addition to 
the amounts regularly raised and appropriated for the care of 
highways and bridges, in each of said townships, fifty cents for 
each thousand of valuation of each of said townships for which 
state aid is desired. And it shall be lawful for any city govern- 
ment to make appropriation in order to secure state aid at any 
meeting of said city government held between the date of its 
inauguration and April fifteen. P. L. 1907 c. 112, § 4. 

Application for such state aid in any year, and notice of the 
raising and appropriation of such additional amount called for 
in the preceding section by any city, town or organized planta- 
tion or by the commissioners of such counties as have unin- 
corporated townships entitled to state aid, shall on or before 
April fifteenth of such year, be made and given to the state 
commissioner of highways by the clerk of such cities, towns, 
plantations or boards of county commissioners ; except that in 
the case of cities the time may be extended to June fifteenth. 
Otherwise they shall not be entitled to such aid for such year. 
It shall be the duty of the selectmen of each town to insert in 
the warrant for each annual town meeting an article calling 
upon the voters to vote "yes" or "no" on the adoption of the pro- 
visions of this act relating to the appropriation of money neces- 
sary to entitle the town to state aid for highways, for the year 
in which such meeting is to be held. P. L. 1907 c. 112, § 5. 
24 



370 STATE ROADS. 

The state commissioner of highways shall apportion from the 
amount appropriated under the provisions of this act, to each 
city, town and organized plantation which has applied for state 
aid and has appropriated the additional amount provided for in* 
section four, for each dollar so appropriated, the following 
amounts : To towns having a valuation of two hundred thou- 
sand dollars or less, two dollars for each dollar appropriated by 
said town ; to towns having a valuation over two hundred thou- 
sand dollars and less than one million dollars, one dollar for each 
dollar appropriated by said town ; to towns having a valuation 
of one million dollars and less than one million two hundred 
thousand dollars, ninety-two cents ; to towns having a valuation 
of one million two hundred thousand dollars and not exceeding 
one million four hundred thousand dollars, eighty-five cents ; to 
towns having a valuation of one million four hundred thousand 
dollars and not exceeding one million six hundred thousand dol- 
lars, eighty cents ; and to towns having a valuation of one mil- 
lion six hundred thousand dollars and over, seventy-five cents for 
each dollar so appropriated under section four. And to unin- 
corporated townships for which the county commissioners have 
applied and have appropriated the additional amount provided 
for in section four, there shall be apportioned one dollar for each 
dollar so appropriated. P. L. 1907 c. 112, § 6. 

The amount of money appropriated by such city, town, organ- 
ized plantation, or for such incorporated township as applies for 
state aid, as provided for in section four with the amount appor- 
tioned by the state commissioner of highways, as provided for in 
section six, shall constitute a joint fund for the permanent 
improvement of the state road in each of said cities, towns, 
organized plantations or unincorporated townships. And on or 
before May fifteenth of each year it shall be the duty of the 
officers having jurisdiction over highways in said cities, towns, 
organized plantations and unincorporated townships to file with 
the state commissioner of highways a proposal setting forth the 
location of the state road and nature of the permanent improve- 
ments desired to be made ; except that in the case of cities the 
time may be extended to July fifteenth. The state commissioner 
of highways shall upon receipt of this proposal notify the said 
officers whether or not the proposed location and the proposed 
work meets with his approval, and if not, his reasons therefor. 
No work shall be commenced or prosecuted until the state com- 
missioner of highways has approved the same and issued specifi- 
cations by which the work must be done. No state aid shall be 



STATE ROADS. 371 

paid until all work undertaken has been constructed to his satis- 
faction. He may also, upon request of the officers of any city 
not employing a city engineer, or town or organized plantation 
or unincorporated township, furnish to such city, town, or organ- 
ized plantation or unincorporated township, free of charge, the 
services of any engineer or inspector in the employ of the state 
under this act for the purpose of consultation and advice con- 
cerning the construction, improvement and repair of the high- 
ways in such city, town, organized plantation or unincorporated 
township. And any special expenses incurred in providing such 
engineers or inspectors shall be charged against administration 
and shall be paid for out of the general appropriation made 
under this act. A certificate of the cost of every road con- 
structed under the provisions of this act not upon a contract 
shall be filed with the state commissioner of highways, by the 
selectmen or authorized authority over the work of the town in 
which such road shall have been constructed, on or before 
November first. Survey notes, copies of all plans and contracts 
together with all other records pertaining to the expenditure of 
any state moneys under this act or any subsequent act for the 
improvement of highways shall be filed and remain on record in 
the office of the state commissioner of highways. Any part of 
said joint fund not expended during the year for which it is set 
apart and apportioned, may be expended during the succeeding 
year. If, in. the opinion of the state commissioner of highways, 
said joint fund or any part thereof, for any year cannot be 
advantageously expended, the same may be expended the suc- 
ceeding year. P. L. 1907 c. 112, § 7. 

As soon as the location and general character of the proposed 
work has been determined upon in towns where one thousand 
dollars or more of joint fund is to be expended under the pro- 
visions of this act, it shall be the duty of the state commissioner 
of highways to make surveys, plans, estimates and specifications 
for the proposed improvement. These plans and specifications 
shall conform substantially to the proposal filed under the pre- 
ceding section and agreed upon between the state commissioner 
of highways and the selectmen or other officers having jurisdic- 
tion over highways. Changes of grade and alignment may be 
made when the road will be benefited thereby and authority is 
hereby given to make such changes. Said plans and specifica- 
tions shall, upon completion, be forwarded to the selectmen or 
other officers having jurisdiction over highways in the said town 
in which the particular work is located, whose duty it shall be 



372 STATE ROADS. 

to immediately advertise for bids for doing said work according 
to said plans and specifications in two or more public newspapers, 
printed or circulated in the county, for three weeks successively, 
at least once in each week. This advertisement shall state the 
place where bidders may examine said plans and specifications, 
and the time and place where the bids for said work will be 
received by the board of selectmen or other local officers having 
jurisdiction. Each bidder must accompany his bid with a certi- 
fied check payable to the treasurer of the city, town, plantation 
or county as the case may be, for ten per cent of the amount of 
his bid as a guarantee that if the work is awarded to him, he 
will enter into a contract with said board for the same. All bids 
so submitted shall be immediately and publicly read at the time 
for opening the same, as stated in said advertisement, and 
referred to the state commissioner of highways for his approval. 
The selectmen or other local officers having jurisdiction and the 
state commissioner of highways shall have the right to reject 
any or all bids, if in their opinion good cause exists therefor, 
but otherwise they shall award the contract to the lowest respon- 
sible bidder. The successful bidder shall give satisfactory 
evidence of his ability to perform the contract, and shall within 
fifteen days from the awarding of the contract also furnish bonds 
in the penal sum of at least one-half of the amount of the con- 
tract, with two or more sureties, owners of real estate in the 
county, or a surety or trust company, authorized to transact 
business within the state to be approved by both the board 
receiving the bids and by the state commissioner of highways, 
conditioned for the faithful performance of said work in strict 
conformity with the contract, plans and specifications for the 
same. The contract, plans and specifications shall be executed 
in triplicate, one copy going to the contractor, one to the local 
board of officers having jurisdiction and one to the state com- 
missioner of highways. Whenever the mayor and city council 
or such other board as has jurisdiction over highways in a city, 
or the selectmen of any town, or the assessors of any organized 
plantation, or the county commissioners for unincorporated town- 
ships, shall desire in behalf of such city, town, plantation or 
unincorporated township to bid upon work located within said 
city, town, plantation or unincorporated township, they shall 
submit their bids to the state commissioner of highways at least 
one day prior to the time specified for the opening of the 
other bids as stated in the advertisement for bids, and all bids 
submitted in behalf of town shall be subject to the require- 



STATE ROADS. 373 

ments made and provided for in this section, except that no 
certified check or bond shall be required of any town or city 
making bids or accepting contracts for construction. No bids 
in behalf of towns shall be opened by the state commissioner 
of highways until after the other bids for the same work 
shall have been publicly opened and read by the board receiv- 
ing them, as required by this section, and forwarded to the 
state commissioner of highways. If the state commissioner of 
highways shall find from the bids so submitted that the bid 
in behalf of the town is the lowest, the state commissioner of 
highways shall thereupon award the contract to such town, 
whereupon the board of local officers having jurisdiction over 
highways in such town shall forthwith execute a contract in 
behalf of such towns with the state commissioner of highways 
in behalf of the state, to fulfill all the requirements and terms of 
the specifications and plans for said work, under which their bid 
was submitted, provided, however, that the municipal officers of 
any city or town may enter into a contract with the state com- 
missioner of highways for the construction of the section of 
state road within said city or town immediately upon comple- 
tion of plans and specifications at the estimated cost of con- 
struction made by said state commissioner of highways. The 
state commissioner of highways, on all work executed by con- 
tract, shall make such inspection from time to time as he may 
deem necessary and all material furnished and labor performed 
shall be to his satisfaction. The state commissioner of high- 
ways may appoint inspectors if he deems it necessary to super- 
yise the construction of all roads built by contract under the 
provisions of this act. He shall prescribe their salaries, which 
shall be satisfactory to the governor and council ; said salaries, 
however and any special expense incurred in making surveys, 
plans and layouts for contract work shall be charged against the 
joint fund for the particular work in question. The inspector 
shall require all provisions of the contract and specifications to 
be strictly adhered to by the contractors and immediately after 
the completion of each contract and before final payment is 
made the inspector shall make oath that all work has been com- 
pleted according to contract, plans and specifications. P. L. 
1907 c. 112, § 8. 

When the municipal officers of any city, town or plantation 
or the county commissioners for any unincorporated township, 
which has complied with the foregoing sections shall certify 
under oath to the state commissioner of highways that the 



374 STATE ROADS. 

section of state road in said town has been completed it shall be 
the duty of the state commissioner of highways, either person- 
ally or by his agent to inspect said road and to determine the 
amount of aid due thereon. The amount of aid found to be 
due shall be certified to the state auditor, who if he finds said 
amount correct shall certify the same to the governor and coun- 
cil for payment. Work performed by individuals or corpora- 
tions, not towns, under contract shall be paid for as follows : 
At or near the end of each calendar month during the progress 
of the work the state commissioner of highways shall certify to 
the selectmen of each town in which such contract work is 
being performed, the amount and value of the work done on 
such contract during the month, together with a statement of 
eighty-five per cent of the value of such work, which shall be 
the amount due the contractor and payable to him by the town 
treasurer not later than the fifteenth of the month succeeding 
the month in which the work was done ; provided, however, 
that thirty days after the state commissioner of highways shall 
certify to the selectmen that all work in connection with any 
such contract has been completed, inspected and accepted, the 
full unpaid balance of said contract as shown in. said certificate 
shall be payable to the contractor by the town and not before. 
P. L. 1907 c. 112, § 9. 

Any highway within any city or town improved by the expend- 
iture of said joint fund shall thereafter be maintained, as are 
other highways, within the city, town, plantation or township 
within which it is located, and to the satisfaction of the state 
commissioner of highways. P. L. 1907 c. 112, § 10. 

The state shall not be liable to any person or corporation for 
damages arising from the construction, rebuilding, improvement 
or maintenance of any highway under this act. In case any 
person or persons or corporation shall sustain damage ])y any 
change in grade or by taking of land to alter the location of 
any highway which may be improved under this act the person 
or persons or corporation injured thereby shall be entitled to 
compensation to be assessed by the officers having jurisdiction 
where the road lies, said damage to be assessed and paid accord- 
ing to provisions of statute. In case the award of damages is 
not satisfactory, parties aggrieved shall have the same right of 
appeal as is provided by law in the case of damages for altering 
highways. P. L. 1907 c. 112, § 11. 

To provide funds for the purposes of this act, there shall be 



STATE ROADS. 375 

assessed annually on all property in the state a tax of three- 
fourths of one mill on each dollar of valuation and the money 
derived from said tax shall be for the exclusive uses and pur- 
poses set forth in this act. Any unexpended balance at the end 
of any year shall be added to the fund for the next year. From 
this fund shall be paid all state aid for road improvement as 
provided for under this act. P. L. 1907 c. 112, § 12. 

After providing for the payment of state aid applied for, the 
balance of the fund or any part thereof may be expended by the 
state commissioner of highways in rebuilding and improving 
the main thoroughfares of through travel in the state, with the 
object of establishing a complete system of continuous main 
highways throughout the state. The location of roads to be 
improved under this section and the apportionment of funds for 
the same shall be determined by the state commissioner of high- 
ways subject to the approval of the governor and council. The 
same general provisions made for the construction and main- 
tenance of other state roads under this act shall apply to roads 
constructed under authority of this section, except that the 
whole cost of construction may be paid by the state. P. L. 1907 
c. 112, § 13. 

The fiscal year for the purposes of this act shall end Decem- 
ber thirty-one. Wherever the word "valuation" is used in this 
act it shall mean the valuation last made by the state board of 
assessors. Wherever the word city, town or organized planta- 
tion or unincorporated township is used singly in this act and 
the phrase or clause in which it is used could as well apply to 
all four classes of political subdivisions or to any other one class 
it shall be understood to so apply. P. L. 1907 c. 112, § 14. 

In connection with the foregoing duties the state commissioner 
of highways, having first regard for the performance of those 
duties, shall also compile statistics relating to the public ways 
in the cities and towns of the state, and make such investigation 
relating thereto as he shall deem expedient, in order to secure 
better and more improved highways in the state. He shall also 
by means of maps, charts, cuts, drawings, prints, publications, 
printed or written articles, lectures, or otherwise, disseminate 
knowledge throughout the state concerning the best known 
economical methods for the building and maintaining of high- 
ways, including bridges, in the cities and towns of the state, and 
particularly to impart such information, in manner as aforesaid, 
to the county commissioners of counties, the street commis- 



376 STATE ROADS. 

sioners of cities, the selectmen of towns and other municipal 
officers whose duties it may be to have the care and man- 
agement of the expenditure of money and the building and 
keeping in repair of the highways in the state. Said commis- 
sioner shall hold each year under the auspices of the county 
commissioners, a meeting in each county for the open discussion 
of questions relating to the building and maintaining of public 
ways, of which due notice shall be given to the towns and cities 
in each county by the said county commissioners. P. L. 1907 
c. 112, § 15. 

The state commissioner of highways shall make an annual 
report to the governor and council of the operations of the state 
highway department. This report shall show the number of 
miles, cost and character of the roads built under its direction, 
together with a statement of expenses of the department and 
such other information concerning the condition of public roads 
of the state and the progress of their improvement as may be 
proper. He shall also make recommendations for any legislation 
which to him seem expedient and necessary. His report shall 
be transmitted to the secretary of state as soon after the first 
Wednesday of January of each year as possible. P. L. 1907 
c. 112, § 16. 

County commissioners and city and town officers having the 
care of and authority over public ways and bridges throughout 
the state shall, on request furnish said commissioner any infor- 
mation which they may possess and required by him, concerning 
ways and bridges within their jurisdiction. P. L. 1907 c. 112, 
§17. 

Sections ninety-nine to one hundred and five inclusive of 
chapter twenty-three, revised statutes of nineteen hundred and 
three and acts amendatory thereof, and chapter one hundred and 
forty-six of the public laws of nineteen hundred and five are here- 
by repealed when this act takes effect. P. L. 1907 c. 112, § 18. 

This act shall take effect January first, nineteen hundred and 
eight. P. L. 1907 c. 112, § 19. 



RAILROADS AND STREET RAILROADS. 377 



CHAPTER XLV. 



RAILROADS AND STREET RAILROADS. 

A railroad corporation for the location, construction, repair 
and convenient use of its road may purchase, or take and hold, 
as for public uses, land and all materials in and upon it ; 
through woodland and forest the land so taken shall not exceed 
six rods in width unless necessary for excavation, embankment 
or materials, and through all land other than woodland and 
forest, the land so taken shall not exceed four rods in width 
unless necessary for excavation, embankment or materials. 
R. S. c. 51, § 24; 35 "Me. 258 ; 40 Me. 556 ; 41 Me. 220; 47 
Me. 46, 347 ; 51 Me. 320 ; 59 Me. 535 ; 66 Me. 38, 46 ; 67 
Me. 360; 77 Me. 602; 83 Me. 277; 84 Me. 39; 86 Me. 130. 

The railroad shall be located within the time and substan- 
tially according to the description in its charter ; and the loca- 
tion shall be filed with the county commissioners, who shall 
indorse the time of filing thereon and order said location 
recorded. When a corporation, by its first location, fails to 
acquire the land actually embraced in its roadway, or the loca- 
tion as recorded is defective or uncertain, it may, at any time, 
correct and perfect its location, and file a new description there- 
of ; and in such case it is liable in damages, by reason of such 
new or amended location, only for land embraced therein for 
which the owner had not previously been paid. Any subscriber 
to the stock, alleging that it has not been located according to 
its charter, may, before payment of his subscription, make 
written application to the county commissioners in the county 
where the deviation is alleged, stating it, who after fourteen 
days' notice to the corporation, and upon a view and hearing, 
shall determine whether it has been located as required ; if they 
determine that it has been, no such defense shall be made to any 
process to enforce payment ; if they determine that it has not, 
the subscription of such applicant is void. The prevailing party 
recovers costs. Provisions in railroad charters, whenever 
granted, limiting the time within which such railroad shall be 



378 RAILROADS AND STREET RAILROADS. 

completed, shall not affect the portion thereof completed within 
such time ; and all charters under which railroads have been 
constructed for a portion of the line authorized thereby are con- 
firmed and made valid as to such portion. R. S. c. 51, § 25 ; 
59 Me. 536 ; 83 Me. 277 ; 97 Me. 47. 

Any railroad corporation may also purchase or take and hold,, 
as for public uses, additional land at any time required for the 
purpose of improving the alignment of its road, or for double 
tracking its road, also land for borrow and gravel pits, necessary 
tracks, side tracks, stations, coal sheds, wood sheds, repair shops,, 
and car, engine and freight houses ; but if the owner of said 
land does not consent thereto, or if the parties do not agree as 
to the necessity therefor or the area necessary to be taken, the 
corporation may make written application to the railroad com- 
missioners, describing the estate, and naming the persons inter- 
ested; the commissioners shall thereupon appoint a time for the 
hearing near the premises, and require notice to be given to the 
persons interested, as they may direct, fourteen days at least 
before said time ; and shall then view the premises, hear the 
parties and determine how much, if any, of such real estate is 
necessary for the reasonable accommodation of the traffic and 
appropriate business of the corporation. If they find that any 
of it is so necessary, they shall furnish the corporation with a 
certificate containing a definite description thereof ; and when 
such certificate is filed with the clerk of courts in the county 
where the land lies, the land shall be. deemed and treated a& 
taken ; provided, however, that when land is held by a tenant for 
life, and the reversion is contingent as to the persons in whom 
it may vest on the termination of the life estate, such fact shall 
be stated in the application, and the commissioners shall, in 
addition to the notice to the tenant for life, give notice by pub- 
lication to all others interested, in such manner as they deem 
proper. R. S. c. 51, § 26; m Me. 38-46; 84 Me. 39; 85- 
Me. 67. 

Any railroad corporation, under the direction of the railroad 
commissioners, may make any changes in the location of its road 
which it deems necessary or expedient, and such changes shall 
be recorded where the original location was required by law to be 
recorded. R. S. c. 51, § 27. 

Any railroad corporation may purchase, or take and hold, as- 
for public uses, land and materials necessary for making any 
changes authorized by the preceding section, in the manner 



RAILROADS AND STREET RAILROADS. 379 

authorized by its charter or the general provisions of law, and 
may cross highways and town ways in accordance with the pro- 
visions of law regulating such crossings. R. S. c. 51, § 28. 

The land taken shall not be entered upon, except to make 
surveys, before the location has been filed, and the damages 
estimated and secured as hereinafter provided; and no railroad 
corporation shall take, without consent of the owners, meeting- 
houses, dwelling-houses or public or private burying grounds. 
R. S. c. 51, § 29 ; 47 Me. 443 ; 66 Me. 40. 

Any railroad corporation, under the direction of the railroad 
commissioners, may locate, construct and maintain branch rail- 
road tracks to any railroad station of another corporation or to 
connect with another railroad, or, to any mills, mines, quarries,, 
gravel pits, log landing or yard or manufacturing establishments 
erected in any town or township, through which the main line of 
said railroad is constructed, but not within any city without the 
consent of the city council, and for that purpose said corporation 
shall have all the powers and rights granted, and be subject to 
all the duties imposed upon it by its' charter. R. S. c. 51, § 30 ; 
83 Me. 277. 

For location and assessment of damages for taking property 
for public uses, see chapter thirty-five, Town Ways and Private 
Ways. 

A city or town by a two-thirds vote, at any legal meeting 
called for the purpose, may raise by tax or loan, from time to 
time, or all at once, a sum not exceeding in all five per cent on 
its regular valuation for the time being, to aid in the con- 
struction of railroads, in such manner as it deems proper, 
and for such purpose may contract with any person or rail- 
road corporation. At such meetings the legal voters shall 
ballot, those in favor of the proposition, voting "Yes," and 
those opposed, voting "No." The ballots cast shall be sorted, 
counted and declared in open town meeting, and recorded, and 
the clerk shall make return thereof to the municipal officers,, 
who shall examine such return, and if two-thirds of the ballots 
cast, are in favor of the proposition, said officers shall forthwith 
proceed to carry the same into effect. R. S. c. 51, § 4 ; 67 
Me. 298. 

A city or town raising money by loan as aforesaid or under 
authority conferred by special act of the legislature, shall raise 
and pay or fund besides the interest, each year after the third r 
not less than three per cent of the principal. Any city or town 



380 RAILROADS AND STREET RAILROADS. 

receiving money, bonds, certificates of indebtedness or other 
evidence of debt in consideration of exchange, release or sale of 
its securities held to indemnify said city or town for having 
loaned its credit, or issued its bonds in aid of any railroad shall 
hold such money, bonds, certificates of indebtedness, or other 
evidence of debt or the proceeds thereof as a trust fund to 
liquidate such outstanding liabilities so long as they may con- 
tinue. R. S. c. 51, § 42. 

Meetings for the purposes aforesaid in cities, shall be called 
by the municipal officers, on the order of common council, like 
meetings for the election of city officers ; and said council shall 
set forth in their order the substance of the proposition to be 
inserted in the warrant. At such meetings, the voters shall 
vote in wards by ballot, those in favor of the proposition in the 
warrant voting "Yes," and those opposed, voting "No," and the 
ballots cast shall be sorted, counted and declared in open ward 
meeting and recorded ; the clerks shall make returns thereof to 
the municipal officers, who shall examine the same ; and if two- 
thirds of the ballots cast are in favor of the proposition, said 
officers shall forthwith proceed to carry it into effect. Lists of 
voters for use at such meetings shall be prepared in the same 
manner as for meetings for elections of town or city officers, 
and such lists shall be used at all meetings held under this 
section and section forty-one. R. S. c. 51, § 43. 

Whenever a city or town has voted at any legal meeting 
thereof upon any question of loaning its credit to, or taking 
stock in, or in any way aiding any person or corporation, said 
city or town shall not vote again upon the same subject, except 
at its annual meetings. R. S. c. 51, § 44. 

When a city or town holds stock in a railroad, the municipal 
officers thereof, or an agent appointed by them in writing, may 
vote thereon at any meeting of the corporation. R. S. c. 51, 
§ 45. 

Whenever any city or town in the state, in its corporate capa- 
city, holds one-fifth, or more, of the shares in the capital stock 
of any railroad incorporated by the legislature, any citizen 
thereof, being a freeholder and resident therein, is eligible as a 
director of such railroad company. R. S. c. 51, § 46. 

For statutes relating to temporary crossings over railroads for 
lumbering purposes, see chapter thirty-seven, Power of County 
Commissioners Relating to Town Ways. 

Railroads may cross highways or town ways in the line of 



RAILROADS AND STREET RAILROADS. 381 

the railroad, but cannot pass along them without leave of the 
town, but when a railroad is hereafter laid out across a high- 
way or other public way, it shall be constructed so as to pass 
either over or under such way, unless the railroad commis- 
sioners after notice and hearing authorize a crossing at grade. 
Before entering upon the construction of any railroad, the man- 
ner and conditions of crossing shall be determined as provided 
by section twenty-nine of chapter twenty-three. But no cross- 
ing of a street in a city, not a highway, shall be made without 
the written consent of the mayor and aldermen. Crossings not 
so made are nuisances, and may be so treated, and the directors 
of railroad corporations making them, are personally liable. R. 
S. c. 51, § 65 ; 45 Me. 563 ; 49 Me. 11, 121, 156 ; 51 Me. 315 ; 
57 Me. 134; 58 Me. 47; 65 Me. 292; 77 Me. 602; 78 Me. 67; 
87 Me. 249. 

Highways and other ways may be raised or lowered, or the 
course of the same ma} T be altered to facilitate a crossing or to 
permit a railroad to pass over or under the same or at the side 
thereof, on application to the railroad commissioners, and pro- 
ceedings as provided by section twenty-nine of chapter twenty- 
three ; and for such purposes land may be taken and damages 
awarded as provided for laying out highways and other ways. 
The railroad commissioners may prescribe the manner in which 
the work shall be done by the corporation. While the use of 
any way is thereby obstructed, a temporary way shall be 
provided bv the corporation. R. S. c. 51, § 66; 38 Me. 30 ; 
49 Me. 121, 157; 87 Me. 253. 

When the corporation unnecessarily neglects to perform the 
acts so required, those injured may recover damages in an 
action on the case, commenced within one year after perform- 
ance is required. R. S. c 51, § 67 ; 49 Me. 126; 51 Me. 
315; 67 Me. 357. 

A railroad may be carried over or under a canal or railroad 
in such manner as not unnecessarily to impede the travel or 
transportation on them. The corporation making such crossing 
is liable for damages occasioned thereby in an action on the 
case. Bridges and their abutments, constructed for a crossing 
of any way, shall be kept in repair by the corporation, or by 
persons or parties running trains on any railroad crossing a 
highway or town way. The municipal officers of any city or 
town may give notice in writing to such persons, parties or 
corporations, that a bridge required at such crossing has not 



382 RAILROADS AND STREET RAILROADS. 

been erected, or is out of repair, and not safe and. convenient, 
within the requirements of section fifty-six of chapter twenty- 
three, or that the crossing of any such highway or town way 
passing such railroad at grade, within their respective cities or 
towns, is not made or maintained safe and convenient, as 
required by said section ; and such persons, parties or corpora- 
tions, shall erect or repair such bridge, or make such crossing 
safe and convenient, as aforesaid, within ten days from the serv- 
ice of said notice ; and if they neglect so to do, any one of 
said municipal officers may apply to any justice of the supreme 
judicial court, in term time or vacation, to compel such delin- 
quents to erect or repair such bridge, or make such crossing, as 
aforesaid; and after hearing, such justice or court may make 
any order thereon which the public convenience and safety 
require, and may, by injunctions compel the respondents to 
comply therewith ; or said officers may, after ten days from the 
service of such notice, cause necessary repairs to be made, and 
the expense thereof shall be paid by the persons, parties or 
corporations whose duty it is to keep such crossing safe and 
convenient. R. S. c. 51, § 68 ; 97 Me. 155. 

Every railroad corporation shall erect and maintain suitable 
bridge guards at every bridge or other structure, any portion of 
which crosses the railroad less than twenty feet above the track ; 
such guards must be approved by the railroad commissioners, 
and be erected and adjusted to their satisfaction. Any corpora- 
tion refusing or neglecting to comply with this section, for each 
month of continuance in such neglect Or refusal, forfeits fifty 
dollars; and whoever willfully destroys or breaks any such 
bridge guard forfeits not exceeding one hundred dollars, and 
may be imprisoned not exceeding thirty days. R. S. c. 51, § 69. 

Every railroad corporation shall cause sign-boards with the 
words "railroad crossing" distinctly painted on each side thereof 
in letters plainly legible, to be placed and constantly maintained 
at the side of highways and town ways where they are crossed 
at grade by such railroads, on posts or other structures, in such 
position as to be easily seen by persons passing upon such ways ; 
and every such corporation shall cause a steam whistle, and a 
bell of at least thirty-five pounds in weight to be placed on each 
locomotive used upon its railroad, and such whistles, or in cities 
and villages, such bell, shall be sounded as a warning at a dis- 
tance of one hundred rods on standard gauge railroads and a 
distance of seventy-five rods on narrow gauge railroads from all 
crossings of such ways on the same level ; and such bell shall be 



RAILROADS AND STREET RAILROADS. 383 

rung at a distance of eighty-five rods on standard gauge rail- 
roads and sixty rods on narrow gauge railroads, from such grade 
crossings, and be kept ringing until the engine has passed the 
same ; provided, however, that upon petition of ten or more 
legal voters of the state, after notice to the railroad corporation 
and a public hearing, the board of railroad commissioners may 
in writing order such corporation to give additional warning to 
travelers upon such ways by requiring the sounding of such 
whistles or the ringing of such bells at other places where said 
railroads cross such public ways other than at grade or run con- 
tiguous thereto, and such orders shall have the same force and 
place the same obligations upon railroad corporations as when 
required under the provisions of this section. R. S. c. 51, § 70. 

When the municipal officers of a town deem it necessary for 
the public safety, that gates should be erected across a way 
where it is crossed by a railroad, and that a person should be 
-appointed to open and close them, they may make such request 
in writing ; and in case of neglect or refusal they may apply to 
the railroad commissioners to decide upon the reasonableness of 
such request, who after notice and hearing, shall decide. When 
they decide that such a request is reasonable, or that at said 
crossing a flagman or automatic signals are necessary for the 
public safety, they may, upon said application, order a flagman 
to be stationed or automatic signals to be maintained there 
instead of gates, and the corporation shall comply with such 
order and pay the costs ; when they decide otherwise, the costs 
shall be paid by the applicants. R. S. c. 51, § 71. 

For unnecessarily neglecting to comply with any provision of 
the two preceding sections, the corporation forfeits not exceeding 
five hundred dollars. Any person, whose duty it is to open or 
•close such gates for the passage of an engine or traveler on a 
way, neglecting to do so, forfeits not exceeding fifty dollars. 
The corporation is liable for damages for its neglect to comply 
with these provisions, or for the neglect of any agent, or for the 
mismanagement of an engine, to be recovered in an action on 
the case by the person damaged thereby. R. S. c. 51, § 72 ; 57 
Me. 134. 

The board of railroad commissioners shall determine the man- 
ner and conditions of one railroad of any kind crossing another. 
Any corporation or party operating such railroad may apply to 
said board for a change in the then existing condition, construc- 
tion or manner of any such crossing. Such application shall be 



384 RAILROADS AND STREET RAILROADS. 

in writing, giving the location of the crossing, and said board 
shall give a hearing thereon, after they have ordered such notice 
to be given by the applicants, as to the time, place and purposes 
of such hearing, as said board shall deem proper. Said board 
shall determine at such hearing what changes, if any, are neces- 
sary, and how such crossings shall be constructed and maintained, 
the expense thereof to be borne as the railroad commissioners 
may order. R. S. c. 51, § 73 : 89 Me. 334, 563. 

In the case of a railroad company of any kind whose tracks 
are to be constructed across the tracks of any railroad already 
built, such crossings shall be made, constructed and maintained 
in such manner and under such conditions as shall be ordered 
by the board of railroad commissioners, the expense thereof to 
be borne as the railroad commissioners may order. The parties 
contemplating making such crossing shall apply to the railroad 
commissioners in writing, giving the location of the crossing 
desired, and said commissioners shall give a hearing thereon 
after they shall have ordered such notice to be given by the 
applicants of the time, place and purposes of such hearing as 
said board shall deem proper. At such hearing the board of 
railroad commissioners shall determine the manner and condi- 
tions of construction and maintenance of such crossing and 
make their report as hereinafter provided. R. S. c. 51, § 74; 
89 Me. 334. 

Bridges erected by any municipality, over which any street 
railroad passes, shall be constructed and maintained in such 
manner and condition, as to safety, as the board of railroad com- 
missioners may determine. Said board may require the officers 
of the railroad company and of the municipality to attend a hear- 
ing in the matter, after such notice of the hearing to all parties 
in interest as said board may deem proper. Said commissioners 
shall determine at such hearing the repairs, renewals or strength- 
ening of parts, or if necessary, the manner of rebuilding such 
bridge, required to make the same safe for the uses to which it i& 
put. They shall determine who shall bear the expenses of such 
repairs, renewals, strengthening or rebuilding, or they may appor- 
tion such expense between the railroad company and the city or 
town, as the case may be, in such manner as shall be deemed by 
the board just and fair, and shall make their report as hereinafter 
provided. R. S. c. 51, § 75. 

The board of railroad commissioners shall make a report in 
writing of their decision in all matters named in the three pre- 



RAILROADS AND STREET RAILROADS. 385 

ceding sections, file the same in their office, and cause a copy of 
such decision to be sent by mail to each of the railroad corpora- 
tions, or the municipal officers of the cities or towns as the case 
may be, interested therein. Such decision shall be final and 
binding upon all parties named, unless an appeal therefrom shall 
be taken and entered in the next succeeding term of the supreme 
judicial court, to be held in the county where the crossing or 
bridge is located, after thirty days from the date of the report. 
R. S. c. 51, § 76 ; 89 Me. 334. 

If any appeal shall be taken as provided in the preceding sec- 
tion, the appellant shall within thirty days from the date of the 
filing of such decision, file in the office of the board of railroad 
commissioners, its reasons of appeal, and fourteen days at least 
before the sitting of the appellate court, it shall cause a copy of 
such reasons, certified by the clerk of the board of railroad com- 
missioners, to be served upon such other interested corporation 
or municipality. The presiding justice, at such term of court, 
shall make such order or decree thereon as law and justice may 
require. Exceptions may be taken to such order or decree. The 
final adjudication shall be recorded by the clerk of courts in the 
county where the crossing or bridge is located, and a copy of 
the same shall be certified by said clerk to the board of railroad 
commissioners for record in their office. Costs may be taxed 
and allowed to either party at the discretion of the court. R. S. 
c. 52, § 77. 

Whenever any railroad company of any kind, whose tracks 
are to be constructed across the tracks of any railroad already 
built, shall apply to the railroad commissioners to determine in 
what manner and under what conditions such crossings shall be 
made, constructed and maintained and how the expense thereof 
shall be borne and an appeal is taken from the decision of the 
railroad commissioners thereon, the board of railroad com- 
missioners may, if they find that public necessity and con- 
venience require it, notwithstanding said appeal, determine the 
manner and conditions of construction and maintenance of such 
crossing during the pendency of said appeal or of any legal pro- 
ceedings that may delay final decree on said application and 
shall issue the necessary temporary decree therefor. R. S. 
c. 52, § 78. 

Duties of railroad companies in the prevention of forest fires. 
R. S. c. 7, §§ 60-62. 

25 



386 RAILROADS AND STREET RAILROADS. 

Ways may not be located over land of railroad company with- 
out notice to company. R. S. c. 23, § 28. 

Railroad commissioners to determine whether crossing shall 
be at grade or not ; and whether way shall be laid out across 
land used for station purposes. R. S. c. 23, §§ 29 and 31. 

Railroad companies may be notified and take upon themselves 
defense of action for damages at crossing. R. S. c. 23, § 80. 



CHAPTER XL VI. 



OPERATING RAILROADS. 

Where a railroad passes through enclosed or improved land, 
or wood lots belonging to a farm, legal and sufficient fences shall 
be made on each side of the land taken therefor, before the con- 
struction of the road is commenced, and such fences shall be 
maintained and kept in good repair by the corporation. For 
any neglect of such duty during the construction of the road, 
and for injuries thereby occasioned by its servants, agents or 
contractors, the directors are jointly and severally personally 
liable. For any subsequent neglect, the corporation shall be 
fined a sum sufficient to make or repair the fence, to be recov- 
ered by indictment and expended by an agent appointed by the 
court therefor. R. S. c. 52, § 26 ; 29 Me. 308; 39 Me. 276; 
46 Me. 166; 59 Me. 534; 60 Me. 243; 63 Me. 309; 65 Me. 
338; 82 Me. 124; 87 Me. 306; 87 Me. 327. 

The owner of any enclosed or improved land or wood lot 
belonging to a farm abutting upon any railroad which is finished 
and in operation, may at any time between the twentieth day of 
April and the end of October, give written notice to the presi- 
dent, treasurer, or either of the directors of the corporation own- 
ing, controlling or operating such railroad, that the line fence 
against his land has not been built, or if built, that the same is 
defective and needs repair. And if said corporation neglects to 
build or repair such fence, for thirty days after receiving such 
notice, it forfeits to such owner one hundred dollars, to be 
recovered in an action on the case. R. S. c. 52, § 27 ; 39 Me. 
276; 60 Me. 244; 82 Me. 124. 



OPERATING RAILROADS. 387 

Whoever takes down or intentionally injures any fence, 
erected to protect the line of any railroad, or turns any horse, 
cattle or other animal, upon or within the enclosure of such rail- 
road, shall be fined not less than ten, nor more than one hun- 
dred dollars, or imprisoned not less than ten days nor more than 
six months. R. S. c. 52, § 28. 

The corporation is liable for trespasses and injuries to lands 
and buildings adjoining or in the vicinity of its road, committed 
by a person in its employment, or occasioned by its order, if the 
party injured within sixty days thereafter, gives notice thereof 
to the corporation ; but its liability does not extend to acts of 
willful and malicious trespass. The person committing a tres- 
pass is also liable. R. S. c. 52, § 29. 

No train of passenger cars, moved by steam, shall be run with- 
out one trusty and skillful brakeman to every two cars. R. S. c. 
52, § 70; 101 Me. 469. 

No car disconnected from a train, shall be left or permitted to 
remain standing on the main track of any railroad, unless accom- 
panied by danger signals, such as flagging by day and lanterns 
by night, placed at such distances from such obstruction, on the 
main line of the road, as will insure safety to and from moving 
trains, and such signals shall be in charge of and constantly 
attended by employees of the corporation owning or operating 
the road. R. S. c. 52, § 71. 

A railroad corporation violating any provision of the preceding 
section, forfeits for each offense, one hundred dollars to the state, 
to be recovered in an action on the case, or by complaint and 
indictment; and the attorney general shall prosecute therefor. 
Said section does not apply to street railroads. R. S. c. 52, § 72. 

When a building or other property is injured by fire communi- 
cated by a locomotive engine the corporation using it is responsible 
for such injury, and it has an insurable interest in the prop- 
erty along the route, for which it is responsible, and may procure 
insurance thereon. But such corporations shall be entitled to 
the benefit of any insurance upon such property effected by the 
owner thereof less the premium and expense of recovery. The 
insurance shall be deducted from the damages, if recovered 
before the damages are assessed, or, if not, the policy shall be 
assigned to such corporation, which may maintain an action 
thereon, or prosecute, at its own expense, any action already 
commenced by the insured, in either case with all the rights 
which the insured originally had. R. S. c. 52, § 73; 37 Me/94 ; 



388 OPERATING RAILROADS. 

42 Me. 583 ; 46 Me. 114 ; 47 Me. 524 ; 58 Me. 85 ; 60 Me. 300 ; 
63 Me. 296; 74 Me. 424; 76 Me. 274 ; 78 Me. 417, 480; 85 
Me. 505; 86 Me. 422; 87 Me. 412; 90 Me. 156 ; 91 Me. 95 ; 
93 Me. 58; 94 Me. 173; 165 U. S. 13. 

Whoever, having charge of a locomotive engine, or acting as 
conductor, brakeman, motorman or switchman, is intoxicated 
while employed on a railroad, shall be fined not exceeding one 
hundred dollars, or imprisoned not exceeding six months. R. S. 
c. 52, § 74. 

Any person employed in conducting trains who is guilty of 
negligence or carelessness causing an injury, shall be punished 
by imprisonment in jail not exceeding one year, or by fine not 
exceeding one thousand dollars ; but the corporation employing 
him is not thereby exempt from responsibility. R. S. c. 52, § 75 ; 

43 Me. 270; 57 Me. 218; 63 Me. 70. 

No railroad corporation shall be liable for the death of a per- 
son walking or being on its road contrary to law, or to its valid 
rules and regulations. R. S. c. 52, § 76. 

Whoever without right, stands or walks on a railroad track or 
bridge, or passes over such bridge except by railroad conveyance, 
forfeits not less than five, nor more than twenty dollars, to be 
recovered by complaint ; and whoever, without right, enters upon 
any railroad track with any team, or any vehicle however pro- 
pelled, or drives any team or propels any vehicle upon any 
railroad track, shall be punished by fine of not less than fifty 
dollars, or by imprisonment not less than thirty days. R. S. c. 
52, § 77; 100 Me. 568. 

A printed copy of the preceding section shall be kept posted 
in a conspicuous place in every railroad passenger station; for 
neglect thereof, the corporation forfeits not exceeding one hun- 
dred dollars for every offense. R. S. c. 52, § 78. 

Any person, other than a servant or employee of the road, or 
a passenger holding a ticket for a passage over the same, or mail 
agent or expressman, who gets upon or leaves any steam engine, 
tender or car at any place outside of a railroad station, while 
such engine, tender or car is in motion, shall be imprisoned not 
exceeding thirty days, or fined not exceeding ten dollars; but 
this provision does not affect the liability of any railroad corpora- 
tion for injuries or damages caused by the fault or negligence of 
the corporation or its servants. R. S. c. 52, § 79. 

Whoever behaves in a disorderly or riotous manner while on 



OPERATING RAILROADS. 389 

any train of railroad cars, street railroad car, steamboat or ferry, 
or uses indecent or profane language in such car, steamboat or 
ferry, is guilty of a breach of the peace and shall be fined not 
less than five, nor more than five hundred dollars, or imprisoned 
in jail not less than thirty days nor more than one year, in addi- 
tion to any other penalty provided by law. R. S. c. 52, § 80; 
87 Me. 393. 

The conductor of a train of cars on any railroad or of a street 
railroad car, or the officer in charge of any steamboat or ferry, 
may arrest and temporarily hold any person guilty of such a 
breach of the peace until a warrant can be obtained or he can be 
placed in the custody of the proper officers of the law. R. S. 
c. 52, § 81. 

Every railroad corporation operating a railroad or part of a 
railroad in the state, shall adjust, fill or block the frogs and 
guard rails on its track, with the exception of guard rails on 
bridges, in a manner satisfactory to the board of railroad com- 
missioners, so as to prevent the feet of the employees from being 
caught therein. Any railroad corporation failing so to do, shall 
be punished by a fine of not less than one hundred, nor more 
than five hundred dollars. R. S. c. 52, § 82 ; 93 Me. 80. 

No passenger, mail or baggage car on any railroad in the state 
shall be heated by any method of heating or by any furnace or 
heater, unless such method or the use of such furnace or heater 
shall first have been approved in writing by the board of railroad 
commissioners ; provided, however, that in no event shall a com- 
mon stove be allowed in any such car ; and provided also, that 
any railroad corporation may, with the permission of said board, 
make such experiments in heating their passenger cars as said 
board may deem proper. R. S. c. 52, § 83. 

No passenger car on a railroad shall be lighted by naphtha, nor 
by an illuminating oil or fluid made in part of naphtha, or which 
will ignite at a temperature of less than three hundred degrees 
Fahrenheit. R. S. c. 52, § 84. 

Any railroad corporation violating any provision of the two 
preceding sections forfeits not exceeding five hundred dollars. 
R. S. c. 52, § 85. 

No engine or train shall be run across a highway near the 
compact part of a town at a speed greater than six miles an hour, 
unless the parties operating the railroad maintain a flagman, or a 
gate or automatic signals ordered or approved by the railroad 



390 OPERATING RAILROADS. 

commissioners, at the crossing of such highway. And no way 
shall be unreasonably and negligently obstructed by engines, 
tenders or cars. The corporation forfeits not exceeding one 
hundred dollars for every such offense. R. S. c. 52, §86; 59 
Me. 190; 80 Me. 430; 81 Me. 267; 87 Me. 547; 101 Me. 479. 

Every railroad company running express trains in this state, 
shall place safety switches of an approved sort at every siding 
connecting with the main track ; switch lights shall also be main- 
tained throughout that portion of every railroad where trains are 
run after dark. R. S. c. 52, § 87. 

Whoever, without authority, shall alter, change, or in any 
manner interfere with any safety switch or switch lights on any 
railroad, shall be liable to a fine of not less than one hundred 
dollars, or imprisonment for not less than sixty days. R. S. c. 
52, § 88. 

Whoever intentionally and without right injures, destroys or 
molests any signal of a railroad corporation, or any line, wire, 
post, lamp or other structure or mechanism used in connection 
with any signal on a railroad, or destroys or in any manner inter- 
feres with the proper working of any signal on a railroad, shall 
be punished by fine not exceeding five hundred dollars, or by 
imprisonment not exceeding two years. R. S. c. 52, § 89. 

When one railroad crosses another on the same grade, every 
engineman on both, when approaching the point of intersection, 
with an engine with or without a train, shall stop his engine 
within five hundred feet of such point and before reaching it, 
and shall pass it at a rate not exceeding eight miles an hour, 
except when from the condition of the track or train it shall be 
necessary to run at greater speed : in which case the conductor 
or person in charge of the train shall station some person at said 
crossing, with a flag by day and a lantern by night, to warn trains 
approaching on the other road ; but when two or more crossings 
on the same road are within four hundred feet of each other, one 
stop is sufficient; any such engineman, conductor, or person in 
charge of the train violating this provision forfeits, for each 
offense, one hundred dollars, and the corporation on whose road 
the offense is committed forfeits two hundred dollars. R. S. 
c. 52, § 90. 

When railroads cross each other at grade, the parties operating 
the railroad last located there, shall build and maintain a suit- 
able signal station at such crossing, at which a competent signal 
officer shall be kept at the joint expense of the parties operating 



OPERATING RAILROADS. 391 

the railroads. The signal shall not be set for a train to cross, 
until the engine of such train shall have arrived within five hun- 
dred feet of the intersection and stopped ; and no train or engine 
shall cross the track of the other road, until the proper signal for 
it to cross shall have been set in position by the signal officer. 
Only one train or engine shall be allowed to cross under one 
setting of the signal unless coining from opposite directions on 
the same railroad. When the signal has been set for the trains 
on one of the railroads, it shall not be changed until those trains 
shall have passed entirely over the crossing. When trains on 
both railroads approach the crossing at about the same time, 
preference shall be given to passenger trains and the signal shall 
be set for the trains on each road in alternate order. R. S. c. 52, 
§91. 

The board of railroad commissioners may, on the application 
of any railroad corporation whose road crosses another railroad 
at the same level, after due notice and hearing of the parties, 
authorize the applicant to establish and maintain a system of 
interlocking or automatic signals, at any crossing of said roads, 
at its own expense, and erect and maintain the necessary wires, 
rods, signal posts and signals, in such manner as the board shall 
prescribe. And when such system is established, and has been 
approved in writing by said board, the corporation establishing 
the same, and its railroad, shall be excepted, as to that crossing, 
from the provisions of the two preceding sections, so long as the 
railroad commissioners shall continue their approval. R. S. c. 
52, § 92; 89 Me. 563. 

Whenever, after the establishment and approval of such 
system of signals, the party owning or operating said other rail- 
road at such crossing shall have paid to the corporation by 
which said signals were established such part of the cost for 
establishing the same as shall, after hearing on petition of the 
party owning or operating said other railroad, be awarded by 
the board of railroad commissioners, both railroads shall be 
excepted, as to that crossing, as provided in the preceding 
section, from the provisions of sections ninety and ninety-one. 
Until such payment said other railroad corporation shall con- 
tribute toward the expense of operating said signals, in semi- 
annual payments, a sum equal to the cost to it of operating the 
signals used by it at said crossing before the establishment of 
the signals herein provided for. After payment of the award 
aforesaid the expense of maintaining and operating the same 
shall be borne by the two railroad corporations according to the 



392 OPERATING RAILROADS. 

proportions fixed by the award for paying the original cost of 
the signals. And said award, so far as it relates to the cost 
of maintaining and operating said signals, may, at the request of 
either party, be revised after an interval of five years from the 
original award or from the award next preceding such request. 
R. S. c. 52, § 93. 

No railroad company shall construct or maintain a track, or 
run an engine or cars on a street or highway so near any station 
of another railroad as to endanger the safety and convenient 
access to and use of such station for ordinary station purposes. 
R. S. c. 52, 8 94; 65 Me. 123. 



CHAPTER XL VII. 



STREET RAILROADS. 

All street railroad corporations shall, in addition to their 
chartered rights, have all the rights and powers conferred from 
time to time by general laws upon street railroad corporations, 
and be subject to the conditions, restrictions and limitations 
thereby imposed. R. S. c. 53, § 1. 

Any number of persons not less than five, a majority of 
whom shall be citizens of this state, may form a company for 
the purpose of constructing, maintaining and operating by 
electricity, compressed air or animal power, a street railroad for 
public use, for street traffic for the conveyance of persons and 
property, and for that purpose may make and sign articles of 
association in which shall be stated the name of the company, 
the gauge of the road, the places, cities and towns from which, 
in which and to which the road is to be constructed, maintained 
and operated, the length of such road, as nearly as may be, the 
amount of capital stock which shall not be less than four thou- 
sand dollars for every mile of road proposed to be constructed, 
the number of shares of which said stock shall consist, and the 
names and places of residence of at least three persons, a 
majority of whom shall be citizens of this state who shall act as 
directors of the proposed company, and manage its affairs until 
others are chosen in their places. Each subscriber shall sign his 



STREET RAILROADS. 393 

name, residence and number of shares which he agreed to take 
in said company. R. S. c. 53, § 2 ; 96 Me. 113. 

Said articles of association shall not be filed and recorded in 
the manner provided in the following section, until the capital 
stock named in the preceding section has been subscribed 
thereto, in good faith, by responsible parties, and five per cent 
paid thereon in cash, to the directors named in said articles, nor 
until there is indorsed thereon or annexed thereto, an affidavit 
made by a majority of the directors named therein, that the 
amount of stock required by the preceding section, has been in 
good faith subscribed, and five per cent paid thereon in cash as 
aforesaid, and that it is intended in good faith to construct, 
maintain and operate the road mentioned in such articles, which 
affidavit shall be recorded therewith as aforesaid. R. S. c. 53, 
§ 3; 96 Me. 113. 

If a street railroad corporation organized under chapter fifty- 
three of the revised statutes of Maine, in preparing its location 
under section seven of said chapter, finds that the length of road 
intended to be constructed by it, exceeds the length of road as 
set forth in its articles of association, it may by a petition signed 
by all of its directors, addressed to the railroad commissioners, 
and upon such notice as said commissioners may deem necessary, 
amend said articles of association by providing for such addi- 
tional length of road, and by increasing the amount of its capital 
stock to the amount required by section two of said chapter. 
Such increase in capital stock shall be subscribed for in good faith 
by responsible parties and five per cent paid thereon in cash to 
the directors. An additional affidavit shall be endorsed thereon 
or annexed thereto made by a majority of the directors, that 
said additional capital stock has been in good faith subscribed 
and five per cent paid thereon in cash as aforesaid, and that it 
intends in good faith to construct, maintain, and operate the 
additional length of road provided for by said amendment. Said 
amendment shall be subject to approval by the railroad commis- 
sioners, as provided by section four of said chapter, in reference 
to the original articles of association. P. L. 1907 c. 94, § 1. 

No amendment shall be necessary so long as the length of 
approved location does not exceed the length of road as specified 
in the articles of association. P. L. 1907 c. 94, § 2. 

After said amendment has been approved and recorded by 
said railroad commissioners, it shall be recorded in the office of 
the secretary of state and certificate of said amendment shall be 



394 STREET RAILROADS. 

issued by said secretary to said corporation upon payment to* 
said secretary of such additional fee if any, as would have been 
required if the capital stock as provided by the articles of asso- 
ciation had conformed to the capital stock as amended. P. L. 
1907 c. 94, § 3. 

Whenever it is shown to the satisfaction of the railroad com- 
missioners that all the provisions of the two preceding sections 
have been complied with, they shall indorse upon said articles a 
certificate of such facts and their approval in writing. The- 
secretary of state shall, upon payment of the fees prescribed by 
section five of chapter forty-seven cause the same with the 
indorsement thereon to be recorded, and shall issue a certificate 
in the following form : 

State of Maine. 

Be it known that whereas [here the names of the subsci'ibers to the articles: 
of association should be inserted] have associated themselves together with 
the intention of forming a corporation under the name of [here insert the 
name of the corporation] for the purpose of building and operating a street 
railroad in [here insert a description of the road contained in the articles of 
association] and have complied with the statutes of the state in such cases 
made and provided: Now, therefore, I, [here insert the name of the secre- 
tary] Secretary of the State of Maine, hereby certify that said [names of sub- 
scribers] their associates and successors, are legally organized and estab- 
lished as an existing corporation under the name of [name of corporation^ 
with the powers, rights and privileges and subject to the limitations, duties 
and restrictions which by law appertain thereto. 

Witness my official signature thereunto subscribed and the seal of the- 

State of Maine hereunto affixed this day of A. D. 19 — [day, month 

and year inserted]. 

The secretary of state shall sign the same and cause the seal 
of the state to be affixed, and such certificate shall be conclusive 
evidence of the organization and establishment of such corpora- 
tion at the date thereof. The secretary of state shall also cause 
a record of such certificate to be made, and a certified copy of 
such record may with like effect as the original certificate be 
given in evidence to prove the existence of such a corporation. 
R. S. c. 53, § 4 ; 96 Me. 114. 

The first meeting for the purpose of organizing such corpora- 
tion shall be called by a notice, signed by three of the sub- 
scribers to such articles of association, stating the time, place 
and purpose of such meeting, a copy of which notice shall, seven 
days at least before the day appointed therefor, be given to each 
subscriber, or left at his usual place of business or residence, or 



STREET RAILROADS. 395 

deposited in the post office, postpaid, addressed to him at his 
usual place of business or residence; and whoever gives such 
notice shall make affidavit of his doings which shall be recorded 
in the records of the company. R. S. c. 53, § 5. 

If the capital stock of any company formed under the fore- 
going provisions is found to be insufficient for constructing and 
equipping its road, such company may increase the same from 
time to time, to any amount for the purpose aforesaid. Such 
increase must be sanctioned by a vote, in person or by proxy, of 
two-thirds in amount of all the stockholders at a meeting there- 
of called by the directors for that purpose. R. S. c. 53, § 6. 

Every corporation organized under the foregoing provisions 
before commencing the construction of its road shall present to 
the railroad commissioners a petition for approval of location, 
denning its courses, distances and boundaries, accompanied with 
a map of the proposed route on an appropriate scale with the 
written approval of the proposed route and location as to streets* 
roads or ways, of the municipal officers of the cities and towns 
in which said railroad is to be constructed in whole or in part 
and with a report and estimate prepared by a skillful engineer. 
Said commissioners shall upon presentation of such petition 
appoint a day for a hearing thereon and the petitioner shall give 
such notice thereof as said commissioners deem reasonable and 
proper, in order that all persons interested may have an oppor- 
tunity to appear and object thereto. At such hearing any party 
interested may appear in person or by counsel. The board of 
railroad commissioners after hearing the petition shall, if they 
approve such location, subject to the provisions of section twelve, 
then determine whether public convenience requires the construc- 
tion of such road and make a certificate of such determination in 
writing, which certificate shall be filed with their clerk within 
thirty days after such hearing. Within five days after the filing 
of such certificate with him, said clerk shall notify all who have 
become parties of record as aforesaid, or their counsel, of such 
determination and decision by sending to each party or their 
counsel, by mail, a certified copy of such certificate so filed with 
him. If the board of railroad commissioners approve such loca- 
tion and find that public convenience requires the construction 
of said road the corporation may proceed with the construction 
of said road, provided, that it first files with the clerk of county 
commissioners for the county in which said street railroad is to 
be located a copy of the location and plan aforesaid and another 



396 STREET RAILROADS. 

copy of the same with the board of railroad commissioners. Any 
extension of, addition to, or variation from the location of any 
street railroad, organized under the provisions hereof, may be 
made in accordance with and subject to the foregoing provisions, 
provided, that no railroad shall be located across tide waters 
where vessels can navigate unless special permission of the legis- 
lature is obtained ; no such permission shall be necessary where 
such railroad is desired, to cross public bridges already erected, 
but the authority to determine whether such crossing shall be 
permitted shall rest with the municipal officers of the cities or 
towns liable for the repair of such bridges respectively, who may 
impose such conditions and terms upon railroads desiring to cross 
the same as to them may seem expedient. In case any county is 
liable for the repair of a bridge, the county commissioners of 
such county shall have authority in the premises. R. S. c. 53, 
§ 7 ; 94 Me. 568 ; 95 Me. 362 ; 96 Me. 112, 113. 

Whenever any street railroad corporation is required to obtain 
the written approval of its proposed route and location, or of 
any extension of the same, as to streets, roads or ways, of the 
municipal officers of the cities and towns in which said railroad 
is to be constructed in whole or in part it shall make an appli- 
cation in writing and such municipal officers shall order public 
hearing thereon, giving such notice thereof as they deem proper 
but in no case less than seven days. Such notice shall contain 
a copy of such written application and warn the legal voters of 
such city or town to be present and be heard thereon. After 
hearing and within fourteen days after the filing of such appli- 
cation, such municipal officers shall file their decision thereon 
with the clerk of the city or town who shall make due record 
thereof. Any contract entered into between any such street 
railroad corporation and such municipal officers as to the terms, 
conditions and obligations under which such location is approved 
so far as consistent with the powers and duties of the railroad 
commissioners under the general laws of the state shall be valid 
and binding. If the municipal officers upon such written appli- 
cation therefor neglect to approve a route and location as to 
streets, roads or ways, or if they refuse to approve such a route 
and location, or if such route and location is not accepted by the 
corporation, in either case said corporation may within fourteen 
days after the expiration of the time for filing such decision, or 
within fourteen days after filing thereof, appeal to the railroad 
commissioners. A failure to appeal shall not bar the corpora- 
tion from making a new application to municipal officers. Any 



STREET RAILROADS. 397 

person or corporation claiming to be interested may appeal to 
the railroad commissioners within said fourteen days from any 
decision made by the municipal officers. In all such appeals the 
appellant shall file his appeal in writing in the office of the board 
of railroad commissioners who shall appoint a day for a hearing 
thereon and the appellant shall give such notice thereof as said 
commissioners deem reasonable and proper in order that all per- 
sons interested may have an apportunity to appear and object 
thereto. After hearing, the said commissioners shall make 
decision thereon and cause record thereof to be made in their 
office in lieu of the approval of the municipal officers. This act 
shall not apply to any location which has been heretofore 
approved by the proper municipal officers. P. L. 1907 c. 132. 

Articles of association filed under section four may be amended 
at any time upon petition therefor signed by all of the corporators 
after such notice thereof as the railroad commissioners may deem 
necessary. No proceedings shall be dismissed because of the 
death of any person named as a director or corporator before 
final decree of approval of location, but the survivors may elect 
a new director or admit another associate, who shall sign the 
original articles of association and the subscription of stock then 
on file in the office of said commissioners. Any location may be 
amended at any time before final approval thereof, after notice 
and hearing thereon by the railroad commissioners, by filing a 
consent to said amendment signed by the municipal officers of 
the town interested. Amendments to petitions relating to street 
railroad corporations filed before the railroad commissioners may 
be made at any time before final decree with or. without notice, 
as the commissioners may decide public interest may require. 
R. S. c. 53, § 8. 

When the location of any street railroad shall have been 
approved as provided by law, the municipal officers may approve 
such additional locations for turnouts and spurs to property 
used or to be used by said corporation in the operation of its 
road as shall be necessary therefor, and such additional locations 
shall not be deemed to be extensions, additions or variations 
within the meaning of this chapter. R. S. c. 53, § 9. 

If any corporation formed under the foregoing sections does 
not, within three years after its articles of association are filed 
and recorded in the office of the secretary of state, begin the 
construction of its road and expend thereon ten per cent of its 
capital, its corporate existence and power shall cease, unless the 



398 STREET RAILROADS. 

same shall be extended as provided in the following section. 
R. S. c. 53, § 10. 

The board of railroad commissioners may extend the corpo- 
rate existence and powers of such corporation for a period not 
exceeding three years or may revive such corporate existence 
and powers for a like period after the same shall have ceased as 
provided in the preceding section. Said commissioners, if they 
deem it expedient, and if the same be prayed for, may include 
in such extension any rights or powers granted to such corpo- 
ration by special law, and in such case all rights and powers of 
such corporation, whether existing under this chapter or under 
any special law, shall continue in full force for the period not 
exceeding three years determined by the commissioners. Pro- 
vided, however, that before decreeing such extension or revival, 
notice shall be given and hearing had as provided by section 
seven of said chapter fifty-three. R. S. c. 53, § 11. 

Such corporation may purchase or take and hold by its loca- 
tion aforesaid, as for public uses, land outside of the limits of 
streets, roads or ways, and all materials in and upon it, for the 
location, construction and convenient use of its road, whenever 
for any reason it appears to be impracticable to locate such a 
railroad within the limits of said streets, roads or ways, but the 
land so taken shall not exceed four rods in width unless neces- 
sary for excavation, embankments or materials ; no location out- 
side of the limits of any street, road or way shall be approved 
by said commissioners, unless it appears to be impracticable to 
locate said railroad within the limits of said streets, roads or 
ways. All damages for land and materials so taken shall be 
determined and paid in the manner and under proceedings as 
provided in case of lands taken for steam railroads. R. S. c. 
53, § 12. 

Any street railroad corporation may purchase or take and 
hold, as for public uses, land for borrow and gravel pits, spur 
tracks thereto, side tracks, turnouts, stations, car barns, pole 
lines, wires, installing and maintaining power plants, double 
tracking its road, improving the alignment thereof, changing or 
avoiding grades, or for avoiding grade crossings of any railroad ; 
but if the owner of said land does not consent thereto, or if 
the parties do not agree as to the necessity therefor or the area 
necessary to be taken, the corporation may make written applica- 
tion to the railroad commissioners, describing the estate and nam- 
ing the persons supposed to be interested ; the commissioners shall 



STREET RAILROADS. 399 

thereupon appoint a time for the meeting near the premises, and 
require notices to be given to the persons so interested as they 
may direct fourteen days at least before said time ; and shall then 
view the premises, hear the parties, and determine how much, 
if any, of such real estate is necessary for the reasonable accom- 
modation of the traffic and appropriate business of the corpo- 
ration. If they find that any of it is so necessary, they shall 
furnish the corporation with a certificate containing a definite 
description thereof ; and when such certificate is filed with the 
clerk of courts in the county where the land lies, the land shall 
be deemed and treated as taken ; provided, however, that when 
land is held by a tenant for life and the reversion is contingent 
as to the persons in whom it may vest on the termination of the 
life estate, such fact shall be stated in the application and the 
commissioners shall, in addition to the notice to the tenant for 
life, give notice by publication to all others interested in such 
matter as they deem proper. R. S. c. 53, § 13. 

The land taken under the preceding section shall not be 
entered upon except to make surveys before the certificate 
aforesaid has been filed with the clerk of courts. All damages 
shall be determined and paid as provided by chapter fifty-one, 
in the case of lands taken for steam railroads, and section thirty- 
four of said chapter shall be applicable thereto. No meeting- 
house, dwelling-house, public or private burying grounds shall 
be so taken without consent of the owners. Nothing herein 
contained shall authorize the taking of lands already devoted to 
railroad uses except in cases where the railroad commissioners 
determine that such lands may be crossed in such manner as to 
avoid grade crossings with railroads. R. S. c. 53, § 14. 

Whenever a location for a street railroad upon any street, 
road or way has been approved under the general law or any 
special act, with no actual occupation thereof by the rails of 
such company, such location in whole or in part may be can- 
celed at any time by the municipal officers of the town where 
so located upon the petition of the directors of the corporation 
entitled to the same. R. S. c. 53, § 15. 

Any street railroad corporation, under the direction of the 
railroad commissioners, may make any changes in the location 
of its road which it deems necessary or expedient and such 
changes shall be recorded where the original location was 
required by law to be recorded. R. S. c. 53, § 16. 



400 STREET RAILROADS. 

Any street railroad corporation of this state, may be author- 
ized to extend, construct, maintain and operate its road to, into 
and through cities and towns other than and in addition to 
those named in its charter or articles of association and to other 
points or places within the cities or towns where built or 
located on application to the board of railroad commissioners,, 
and by compliance with and subject to the provisions of section 
seven of this chapter ; the right of any connecting street rail- 
road company specially conferred upon it by its charter shall be 
preserved unimpaired. R. S. c. 53, § 17. 

So far as applicable the provisions of sections twenty-nine to 
forty-seven both inclusive, sections fifty, fifty-four, fifty-five and 
fifty-six, of chapter fifty-one, and sections seven, eight, nine, 
twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty- 
one, thirty-two, thirty-three, sixty, sixty-six to sixty-nine both. 
inclusive, seventy-four and seventy-five, of chapter fifty-two, shall 
apply to street railroads. R. S. c. 53, § 18. 

Said railroads shall be constructed and maintained in such 
form and manner, and with such rails and upon such grade as- 
the municipal officers of the cities and towns where the same 
are located may direct, and whenever in the judgment of such 
corporation it shall be necessary to alter the grade of any city,, 
town or county road, said alterations shall be made at the sole 
expense of said corporation with the assent and in accordance 
with the directions of said municipal officers. The said corpo- 
ration may at any time appeal from the decision of such muni- 
cipal officers determining the form and manner of the con- 
struction and maintenance of its railroad and the kind of rail to 
be used, to the board of railroad commissioners who shall upon 
notice hear the parties and finally determine the questions- 
raised by said appeal. R. S. c. 53, § 19. 

No street railroad shall be operated for street traffic until said 
commissioners have made an inspection of such railroad and 
granted a certificate of its safety for public travel. Any person 
or corporation violating the provisions of this section, forfeits to 
the state one hundred dollars for each offense, to be recovered 
in an action on the case, or by complaint and indictment, and 
the attorney general shall institute proceedings to recover the 
same. R. S. c. 53, § 20. 

No corporation or person shall be permitted to construct or 
maintain any railroad for similar purposes over the streets, roads 
or ways that may be lawfully occupied by a street railroad in 



STREET RAILROADS. 401 

any city or town, but any person or corporation lawfully oper- 
ating any street railroad to any point to which the tracks of any 
other street railroad extend, may enter upon, connect with and 
use the same, on such terms and in such manner as may be 
agreed upon between the parties or if they shall not agree, to 
be determined by the railroad commissioners upon application, 
notice and hearing therefor. R. S. c. 53, § 21. 

Any corporation organized under the provisions of section two 
may erect and maintain all necessary or convenient power sta- 
tions, car houses and lines of poles, wires, appliances and appur- 
tenances, subject to the general laws of the state regulating the 
erection of posts and lines, for the purposes of electricity. R. S. 
c. 53, § 22. 

Any street railroad corporation of this state may erect and 
maintain hotels, cottages, places of amusement and pleasure 
grounds along its route, and for that purpose may purchase and 
hold real estate and personal property necessary or convenient 
therefor, provided that the right of taking lands or other prop- 
erty shall not extend to property to be used for such purposes, 
and such street railroad corporations may purchase and hold 
shares of the capital stock of any other corporation engaged in 
the business of owning, leasing, maintaining or operating such 
hotels, cottages, places of amusement and pleasure grounds. 
R. S. c. 53, § 23. 

Any street railroad corporation may issue bonds in accordance 
with the provisions of the general law for any lawful purpose, 
and secure the same by mortgage of its road, franchises and 
property. R. S. c. 53, § 24 ; 103 Me. 271. 

The municipal officers of any town may make at all times, 
such regulations as to the mode of use of tracks of any street 
railroad, the sprinkling and watering in cities by any street rail- 
road of the space between and one foot beyond the outer rails of 
said tracks for the purpose of laying the dust, the rate of speed 
and the removal and disposal of snow and ice from the streets, 
roads and ways, by any street railroad corporation, as the public 
safety and convenience may require. Any street railroad corpo- 
ration may appeal from the decision of such municipal officers 
making any regulation under this section to the board of rail- 
road commissioners, who shall upon notice hear the parties and 
finally determine the questions raised by said appeal. R. S. c. 
53, § 25. 

26 



402 STREET RAILROADS. 

Such corporations shall keep and maintain in repair such por- 
tions of the streets, roads or ways, as shall be by them occupied, 
and shall make all other repairs therein, rendered necessary by 
such occupation. If not repaired upon reasonable notice, such 
repairs may be made by said towns at the expense of said corpo- 
ration. R. S. c. 53, § 26. 

All street railroad corporations shall be liable for any loss or 
damage which any person may sustain, by reason of any negli- 
gence or misconduct of any such corporation, its agents or serv- 
ants, or by reason of any obstructions, or defects in any street or 
road of any city or town, caused by the negligence of such cor- 
poration, its agents or servants, and shall hold such city or town 
harmless from any suits for such loss or damages ; provided, such 
company shall have notice of any such suit, and shall be allowed 
to defend the same. R. S. c. 53, § 27. 

Whoever willfully and maliciously obstructs any street rail- 
road corporation in the use of its roads, tracks or property, or 
the passing of cars of said corporation thereon, and whoever aids 
or abets therein, shall be punished by a fine not exceeding two 
hundred dollars, or by imprisonment not exceeding sixty days. 
R. S. c. 53, § 28. 

Whoever spits upon the floor of any street car shall be fined 
not less than two, nor more than ten dollars to be recovered on 
complaint. The officers of all street railroad companies shall 
cause a copy of this section to be posted in their several street 
cars. R. S. c. 53, § 29. 

Upon a written application by any street railroad corpora- 
tion, to the municipal officers of any city or town, and hearing 
thereon, the municipal officers may authorize said corporation to 
discontinue the running of its cars, during such portion of the 
winter months, and upon such terms and conditions as they may 
determine ; said corporation may appeal from such decision to 
the board of railroad commissioners, who shall after reasonable 
notice and hearing, make such a determination thereon as shall 
be reasonable and proper, and their decision shall be final. R. S. 
c. 53, § 30. 



FERRIES. 403 



CHAPTER XLVIIL 



FERRIES. 

County commissioners may license persons to keep ferries at 
such places and for such times as are necessary, except where 
they are otherwise legally established ; may establish tolls for 
the passage of persons and property ; revoke such licenses at 
pleasure ; and shall take from the person licensed, a bond to the 
treasurer of state, with sureties, for the faithful performance of 
his duties. Whenever said commissioners remove a ferryman, 
they shall appraise the boat and other personal property used in 
running the ferry, at its fair value, and the person appointed 
shall purchase the same at said appraisal, if the person removed 
assents thereto. R. S. c. 25, § 1 ; 8 Me. 368 ; 42 Me. 20. 

They may establish ferries at such times and places as are 
necessary, and fix their tolls, and when no person is found to 
keep them for said tolls, shall regulate and fix the compensation 
of the ferryman, and shall discontinue the same when, in their 
judgment, shall be expedient. When no person is found to 
keep them for the tolls, the towns in which they are established 
shall provide a person to be licensed to keep them, and shall pay 
the expenses, beyond the amount of tolls received, for maintain- 
ing them. When established between towns, they shall be main- 
tained by them in such proportion as the commissioners order. 
For each month's neglect to maintain such ferry or its proportion 
thereof, each town forfeits fifty dollars. R. S. c. 25, § 2 ; 100 
Me. 213. 

Every keeper of a ferry shall keep a suitable and safe boat 
or boats, for use on the waters to be passed, and give prompt 
attendance for passage, according to the regulations established 
for the ferry. For neglecting to keep such boat, he forfeits 
twenty dollars, and for neglect of attendance, one dollar, to the 
prosecutor in an action of debt ; and is liable in an action on the 
case to the party injured for his damages. R. S. c. 25, § 3. 

Any one injured in person or property by the negligence or 
default of a ferryman may commence a suit on his bond, in 



404 FERRIES. 

which the proceedings shall be similar to those in actions on the 
bonds of sheriffs. R. S. c. 25, § 4. 

When a ferry is established by the legislature to be passed by 
a steam or horse boat, no other ferry shall be established on the 
same river within one mile above or below it. R. S. c. 25, § 5. 

A person, who keeps a ferry contrary to the provisions of sec- 
tions one or two, or without authority transports passengers or 
property across any licensed or established ferry for hire, or fur- 
nishes for hire, a boat or other craft for such purpose, forfeits 
four dollars for each day such ferry is kept, or for each time of 
transportation, and is also liable to the party injured and keep- 
ing the ferry at or near the place, for damages sustained by him, 
in an action on the case. R. S. c. 25, § 6. 

When tidal waters, over which ferries are established, become 
so frozen that travelers may pass on the ice, the keepers of them 
shall level the ice, and clear and repair the passage way from 
day to day, so that the same may at all times be safe and con- 
venient for travelers with teams, sleds and sleighs. Such way 
for passage may be made from a public landing sufficiently near 
to be connected with the opposite ferry landing. The commis- 
sioners shall fix a reasonable compensation therefor, to be paid 
from the county treasury. Or they may contract with another 
person to perform such duties, and give notice thereof to the 
keeper of the ferry before the river is closed ; and during the 
continuance of such contract the liabilities of the keeper are 
transferred to the person contracting. R. S. c. 25, § 7 ; 79 
Me. 463. 

The ferryman, or person so contracting, forfeits ten dollars 
for each day's neglect to perform such duty, and is liable, in an 
action on the case, for damages to any person injured thereby. 
R. S. c. 25, § 8. 

A licensed ferryman, who uses at his ferry a boat propelled 
by steam or horse power, forfeits his license, and is liable to any 
person or corporation for damages occasioned thereby. R. S. 
c. 25, § 9. 

Persons required to use, at a ferry, steam or horse boats, may, 
when the passage by them is dangerous, use other safe boats. 
R. S. c. 25, § 10. 

Whoever places a weir or other obstacle, or without necessity, 
anchors or places a raft, vessel or water craft, so as to obstruct 
the ordinary passage way of any boat at a ferry licensed or 



FERRIES. 405 

established, forfeits twenty dollars to the proprietor of the 
ferry, to be recovered in an action on the case ; unless such 
obstruction was inadvertently made, and removed within thirty 
minutes, if practicable, after notice given of its improper posi- 
tion, or unless it was occasioned by hauling into a wharf, pier, 
landing or dock, without unreasonable delay or willful miscon- 
duct. R. S. c. 25, § 11. 

The proprietors of a ferry, to guide their boats, may sink 
piers near their ferry ways, above, and below the same, on each 
side of the river, not more than twelve feet in length or breadth, 
and not so sunk as to injure any wharf or landing where vessels 
had previously taken or discharged freight. R. S. c. 25, § 12; 
42 Me. 19. 

The commissioners of the county of Somerset have exclusive 
jurisdiction in all matters relating to ferries between the 
counties of Somerset and Kennebec. R. S. c. 25, § 13. 

Penalty for evading payment of fare on ferry, R. S. c. 52, § 
7 ; for disorderly conduct, §§80 and 81. 



CHAPTER XLIX. 



AQUEDUCTS AND WATER COMPANIES. 

Any persons associated by agreement in writing as pro- 
prietors of an aqueduct, for conveying fresh water into or within 
any town, or as proprietors of funds for establishing such aque- 
duct, may apply, in writing, to some justice of the peace for the 
county in which any portion thereof is situated, or is proposed 
to be made, stating the name and style of their association, and 
the objects of their proposed meeting, and requesting such 
justice to issue his warrant to some one of the persons applying, 
directing him to call such meeting ; and such justice may there- 
upon issue his warrant accordingly, stating therein the time, 
place and object of such meeting ; and the proprietor, to whom 
the warrant is directed, shall notify such meeting, by posting 
the substance of the warrant, with his notice annexed thereto, 
seven days at least before the meeting, in some public place in 



406 AQUEDUCTS AND WATER COMPANIES. 

every town in which any portion of the aqueduct is, or is 
proposed to be made. R. S. c. 56, § 1. 

Form of Application. 

To C. E., esquire, one of the justices of the peace, within the county of 

Cumberland, State of Maine : 

The subscribers, associated by agreement in writing, as proprietors of 

[or of funds for establishing] an aqueduct, under the name and style of 

, request you to issue a warrant to one of the said proprietors, hereby 

applying to you, directing him to call a meeting of said proprietors, to be 

held at , in , on the day of , 19 — , at o'clock in the 

noon, for the following objects, to wit : [Here state the purpose of the 

meeting.] A. B. 

C. D. 

The Form of Warrant by the Justice. 

State of Maine. 

, ss. 

To A. B., of , in said county, one of the proprietors of the aqueduct 

association : 

Whereas A. B. and C. D., associated by agreement, in writing, as pro- 
prietors of an aqueduct under the name and style of the Aqueduct 

Association, have applied to me, C. E., esquire, one of the justices of the 
peace within said county, requesting me to issue a warrant to you, being 
one of said applicants, directing you to call a meeting of said proprietors, 

according to law, to be held at , in , on the day of next T 

19 — i at o'clock in the noon, for the purpose [here state it]. 

You are hereby required to notify the proprietors aforesaid to meet at the 
time and place, and for the purpose aforesaid. 

Dated at aforesaid, the day of , A. D. 19 — . 

C. E., Justice of the Peace. 

Notification. Pursuant to the foregoing warrant to me directed, I do 
hereby notify the proprietors aforesaid to meet at the time and place and 
for the purpose aforesaid. 

Dated at , this day of •, 19 — . 

A. B. 

The proprietors assembled under such warrant, and their suc- 
cessors and assigns, shall be a corporation by the name stated in 
their application ; and may at any legal meeting, agree on the 
manner of calling future meetings, choose any number of direct- 
ors and other officers to manage their business, and a clerk who 
shall be sworn, and shall record all by-laws, votes, and other pro- 
ceedings of the corporation, in books provided and kept by him 
therefor, open to the inspection of any person appointed by the 
legislature for that purpose. R. S. c. 56, § 2. 



AQUEDUCTS AND WATER COMPANIES. 407 

The directors shall choose one of their number president ; and 
may make such assessments on the proprietors of the shares in 
such aqueduct or funds as they find necessary; and if a pro- 
prietor fails to pay such assessment for thirty days after notice, 
they may maintain an action on the case in their corporate name 
to recover the amount thereof, or may sell, at auction, so many 
of his shares, as are sufficient to pay the same, with necessary 
charges ; notice of the sale of such shares shall be given by 
advertising in some newspaper printed in the county three weeks 
successively, or by posting notifications thereof, twenty days at 
least before the sale, in at least two public places in each town 
wherein such aqueduct is, or is proposed to be made ; and the 
surplus money, if any, arising from such sale, shall be paid to 
the owner of the shares so sold. R. S. c. 56, § 3. 

At or immediately after the first meeting, the clerk shall 
enter, in such books, the names of the several proprietors, and 
the shares owned by each ; and the subsequent transfer of shares 
shall also be entered by him, within three months after it is 
made, in such form and for such fees as the directors order ; and 
no person shall be deemed a proprietor, whose share or interest 
is not so entered. R. S. c. 56, § 4. 

The proprietors have one vote for each share, and may vote 
by proxy ; for the breach of their by-laws they may impose pen- 
alties not exceeding thirty dollars for each offense ; may purchase 
and hold real estate necessary for their purpose not exceed- 
ing thirty thousand dollars in value ; and with the written con- 
sent of the municipal officers, they or any person, may dig up or 
open any road for the purpose of laying their pipes, or repairing 
or extending their aqueduct ; but not so as to prevent the con- 
venient passage of teams and carriages. R. S. c. 56, § 5. 

Shares in such corporation are personal estate and msij be 
attached on a writ and sold on execution for the debts of the 
holders, like shares in other corporations ; and the franchises, 
fixtures, pipes, fountains and interests in lands of such corpora- 
tions are liable to attachment and sale on execution, as personal 
property, for their corporate debts; but the purchaser thereof 
at such sale, shall not interfere with the possession of the cor- 
poration for two months after the sale ; and within that time, it 
may redeem such franchise and property by paying the sum for 
which they were sold with interest ; but if not so redeemed, the 
purchaser shall have the same rights under the franchise and to 
such property as the corporation had. Any creditor of such 



408 AQUEDUCTS AND WATER COMPANIES. 

corporation, whose execution has been satisfied by an ineffectual 
sale of such franchise or property, may revive the judgment by 
scire facias. R. S. c. 56, § 6. 

Whoever maliciously injures such aqueduct or any of its 
appurtenances, forfeits not exceeding twenty dollars to the town, 
to be recovered by indictment ; and is liable in a civil action, 
brought by the corporation, to pay treble the amount of the 
damages sustained thereby. R. S. c. 56, § 7. 

A town where such aqueduct is located may put conductors 
into its pipes and draw water, free of expense, to extinguish fire 
in a burning building, if such conductors are so secured that 
water shall be drawn for that purpose only. R. S. c. 56, § 8. 

All contracts made by or with such corporation, are in force 
after its dissolution ; and the last shareholders shall have a cor- 
porate capacity and may prosecute and defend suits respecting 
such contracts commenced within six years after the dissolution, 
or after the cause of action accrued ; and if no corporate prop- 
erty can be found to satisfy such judgments, and they are not 
satisfied within six months, the creditors may satisfy them from 
the private property of the shareholders as if the judgment had 
been against them in their private capacity. R. S. c. 56, § 9. 

If such corporation owns any estate at its dissolution the pro- 
prietors shall be tenants in common thereof in proportion to the 
shares or interest which they hold in its stock. R. S. c. 56, 
§10. 

Whoever knowingly and willfully poisons, defiles or in any 
way corrupts the waters of any well, spring, brook, lake, pond, 
river or reservoir, used for domestic purposes for man or beast, 
or knowingly corrupts the sources of, or the tributaries of said 
sources of supply in such manner as to affect the purity of the 
water so supplied, or knowingly defiles such water in any man- 
ner, whether the same be frozen or not, or puts the carcass of 
any dead animal or other offensive material into said waters, or 
upon the ice thereof, shall be punished by a fine not exceeding 
one thousand dollars, or by imprisonment not exceeding one 
year. R. S. c. 129, § 1. 

Whoever willfully injures any property of any water company, 
or of any city, town or municipal corporation used by it in sup- 
plying water to its inhabitants, shall be punished by a fine not 
exceeding one thousand dollars and by imprisonment not exceed- 
ing one year ; and such persons shall also forfeit and pay to such 
water company, city, town or municipal corporation, three times 



AQUEDUCTS AND WATER COMPANIES. 409 

the amount of actual damages sustained, to be recovered in an 
action on the case. R. S. c. 128, § 4. 

All corporations chartered for the purpose of supplying towns 
and cities with pure water, shall have the same right to make 
application to the tribunal authorized by their respective char- 
ters for assessment of damages for land, rights or other property 
taken, as the parties owning or claiming said property have. 
R. S. c. 56, § 13. 

Unless otherwise provided in their acts of incorporation, when 
any water company, duly authorized therefor, finds it necessary 
for its purposes and uses to take any land or other property, it 
shall file in the office of the county commissioners of the county 
where the land or other property taken is situated, plans and 
descriptions of all the land, and description of all other property 
taken. R. S. c. 56, § 11. 

All such plans and descriptions, or all such descriptions filed, 
as aforesaid, prior to March nine, eighteen hundred and eighty- 
nine, are valid and legal for all purposes of taking. R. S. c. 56, 
§12. 

Water companies are generally incorporated under special 
acts and are, of course, subject to the obligations and enjoy the 
privileges specified in their charters. 

Water company may have right of eminent domain. 69 
Me. 262. 

Water company may be exempted from taxation by the legis- 
lature. 67 Me. 136. 

When charter provides that the company shall lay its pipes in 
such manner as not to obstruct or impede travel, a city is not 
liable for damages caused by uncovering water pipes, while mak- 
ing ordinary and suitable repairs in its streets. 83 Me. 270. 

Rule of water company requiring water taker to pay for water 
for a whole year, although he uses it only a part of that time, is 
unreasonable and will not be upheld by the courts. 84 Me. 473. 

Charter provision that the company may establish the rates 
and prices for water, under control of the legislature, does not 
deprive the courts of the power of adjudicating upon the rights 
of parties taking water. lb. 

The water pipes, hydrants and conduits of a water company 
laid through the streets of a town, are taxable as real estate to 
the company in possession. 85 Me. 330. 



410 AQUEDUCTS AND WATER COMPANIES. 

Company cannot shut off water from a water taker for non- 
payment of an old overdue and disputed account, if it has 
accepted payment of water rates becoming due subsequent to 
such overdue accounts. 87 Me. 290. 

Right to take water from great ponds for domestic purposes 
is paramount to the right of mill owners to have the water for 
propelling their machinery, and that, to the extent that the two 
rights conflict, the latter must yield. 90 Me. 576. 

A city or town may make a valid contract with a water com- 
pany wherein, in consideration of the agreement of the company 
to furnish a supply of water for municipal purposes, it agrees to 
pay therefor, in addition to a specified sum of money, another 
sum each year equal to the amount of tax that may be assessed 
for that year upon the company's property, provided that the 
consideration for this agreement upon the part of the munici- 
pality is reasonably adequate and that the contract in other 
respects is reasonable and fair. 93 Me. 587. 

Although such a contract may be made for the purpose of 
exempting from taxation the property of the contracting corpo- 
ration, and the form adopted may be merely intended to cover 
with the semblance of legality an illegal attempt to exempt 
property from taxation without a fair return therefor, this is not 
necessarily so; and the validity of the contract will depend upon 
the circumstances of each case. lb. 

The term "exemption" implies a release from some burden, 
duty or obligation. It can not be properly said that a corpora- 
tion, which for a valuable and adequate consideration obtains 
the agreement of the municipality in which it is located to reim- 
burse it for the amount of taxes that it will be obliged to pay, is 
thereby exempted or released from the burden of paying its just 
proportion of taxes. lb. 

A contract, when made in good faith, and when its terms are 
reasonable and fair, is not contrary to public policy. In many 
cases it may be absolutely necessary for a city or town to make 
a water contract for a term of years, in order to obtain the great 
benefit of a sufficient water supply for the protection of the 
property of its inhabitants against fire, to provide for the health 
of its citizens by a proper sewer system and for other municipal 
purposes. Such a contract must contain some elements of 
uncertainty as to compensation because of the uncertainty of the 
extent of water service that may be required in the future by 



AQUEDUCTS AND WATER COMPANIES. 411 

reason of the growth of a municipality in population and the 
increase of its needs. lb. 

Where a water works system is purchased in good faith by a 
municipal corporation for the main and primary purpose of sup- 
plying water for its own municipal wants, and for domestic use 
by its inhabitants, under legislative authority, such legislation 
and the action of the municipal corporation under it in making 
the purchase, and in raising money by taxation therefor, are not 
in violation of that clause of the state constitution which requires 
equal taxation, because of the fact that incidentally the purchas- 
ing municipality may be compelled to assume the obligation of 
the original water company to provide water for some individual 
takers who reside outside of its territorial limits. 96 Me. 536. 

If a village corporation, as purchaser of the property of a 
water company, should be obliged to furnish water for a few 
takers who reside outside the limits of the corporation, it must 
be assumed that it will receive a reasonable compensation there- 
for, so that the taxation of property within the village corporation 
will not be increased in the slightest degree by such purchase. 
But, in any event, this is merely incidental and subsidiary to the 
main and primary object of furnishing water for its lawful public 
purposes under legislative authority. lb. 

The legislature may grant to any public corporation, whether 
its municipal powers and purposes be general or limited, power 
to construct, or to purchase, and maintain a system of water 
works for the purpose of furnishing water for its municipal pur- 
poses and for use by its inhabitants for domestic and sanitary 
purposes. 96 Me. 539. 

When a village corporation is only invested with a power "to 
raise such sums of money as may be sufficient for the support of 
a suitable number of hydrants, in case water is brought into its 
limits in a suitable manner and sufficient quantity, and suitable 
fire engines, engine houses, hose, buckets, hooks and ladders, 
and provide a sufficient quantity of water in the different parts 
of said corporation for the extinguishment of fire and for organ- 
izing and maintaining within its limits an efficient fire depart- 
ment", and has no power to raise money for any other purpose, 
such corporation has no authority to enter into a contract with a 
water company providing that after the expiration of a term of 
years the corporation should have the right to purchase the 
water company's entire plant, at an appraised value to be fixed 
by three appraisers, chosen one by the corporation, one by the 



412 AQUEDUCTS AND WATER COMPANIES. 

water company, the third by these two, and on payment of the 
price so determined, that the water company should transfer to 
the corporation its entire plant, and if such corporation does 
enter into such a contract it is ultra vires. 104 Me. 103. 

When a village corporation has made a contract for the pur- 
chase of the plant of a water company and which contract was 
ultra vires at the time it was made and afterwards by a legisla- 
tive act such corporation has been authorized to "vote to purchase 
the entire works and rights" of the water company "for such sums 
of money as may be adjudged payable according to the terms" of 
the contract, such authority may have a retrospective action and 
make valid the contract, but when the corporation attempts to 
avail itself of the granted power, it must proceed according to 
the terms of the act, and first "vote to purchase", etc., "for such 
sums of money as may be adjudged payable", etc., before it can 
maintain a bill in equity for the specific performance of the con- 
tract, lb. 



CHAPTER L. 



DRAINS AND COMMON SEWERS. 

Whoever digs up the ground in a highway or street to lay or 
repair any drain or common sewer without the written consent 
of the municipal officers, forfeits for each offense four dollars to 
the town. R. S. c. 21, § 1. 

The construction of sewers is not within the scope of the cor- 
porate authority of a town. The municipal officers are the only 
tribunal authorized to construct, sewers at the expense of a town. 
For the torts of this tribunal, the town is not responsible. 92 
Me. 493. 

The municipal officers of a town, or a committee duly chosen 
by the town, may, at the expense of the town, construct public 
drains or sewers along or across any public way therein; and 
through any lands of persons or corporations, when they deem it 
necessary for public convenience or health; but neither the 
municipal officers of the town, nor such committee, shall con- 



DRAINS AND COMMON SEWERS. 413 

struct any public sewer therein until the same shall be author- 
ized by vote of said town, and an appropriation made for the 
purpose ; and when constructed such sewers shall be under the 
control of the municipal officers. R. S. c. 21, § 2. 

The common law requires a town to build a drain only where 
its highway would otherwise obstruct the flow of water in its 
natural channel, or cause it to collect and stand upon adjoining 
land to the injury of the owner. 56 Me. 407. 

The municipal officers of the city of Portland had the right to 
construct a sewer with an outfall in a public dock, below low 
water mark. 67 Me. 46. 

No right is given by law to create a nuisance in such public 
dock. lb. 

The city must at its peril make the outfall of its sewers where 
the deposits from them will be removed by the reflux of the 
tides so that they will not create a nuisance either to public 
health or the right of navigation, or they must provide for their 
speedy removal in some other mode. 74 Me. 272. 

There is no general statute authorizing towns in their corpo- 
rate capacity to lay out or construct drains or sewers, as there is 
respecting ways. It is only when such drains have been con- 
structed and persons have paid for connecting with them, that 
the town becomes responsible in regard to maintaining and keep- 
ing the same in repair, and assumes responsibilities in reference 
thereto. 82 Me. 355. 

The municipal officers in the performance of these duties and 
in the exercise of the authority with which they are invested by 
general law, act not as agents of the town, but as public officers, 
deriving their power from the sovereign authority. They act 
upon their own responsibility and are not subject either to the 
control or direction of the inhabitants of the town, but are inde- 
pendent board of public officers, vested by law with the control 
of all matters within their jurisdiction, and performing duties 
imposed by general law. 82 Me. 356. 

The city in its corporate capacity, without special charter 
privileges, is not invested, either by statutory provisions or by 
the exercise of the authority necessary incident to the discharge 
of its corporate rights and the performance of its duties, with 
the power to lay out and construct drains and sewers in such a 
manner as to impose any legal liability upon the city for a nui- 
sance created thereby. There is no general statute in this state 



414 DRAINS AND COMMON SEWERS. 

conferring upon a city in a corporate capacity any authority to 
lay out and construct sewers and drains. 99 Me. 78. 

A municipal corporation is not responsible in damages for 
injuries caused to a person's property by the flowing back of 
water and sewage from a public sewer with which the property 
is connected. Where this injury results entirely from some 
fault in the location or plan of construction of the sewer, or in 
the general design of the sewer system, and not at all because of 
any want of repair or failure of the municipality to maintain the 
sewer to the standard of efficiency of its original plan of con- 
struction. 100 Me. 260. 

There is no difference in principle upon this question, whether 
the sewer was originally located and planned by the municipal 
officers of the city, acting under the authority of the general 
statutes, as they now exist and have existed for a long time, or 
by the city council of the city, acting under the authority of a 
special statute which conferred that power upon the city coun- 
cil, lb. 

In either case the duty to be performed is one of a judicial 
character, involving the exercise of large discretion, with which 
there is necessarily a broad latitude for the judicial determina- 
tion of these officers, whoever they may be. lb. 

The distinguishing test which will determine the question as 
to the liability or non-liability of a municipality is to be found 
in the nature of the duties imposed or authorized by the legis- 
lature and to be performed, rather than in the tribunal which is, 
or the persons who are, authorized and required to perform these 
duties. lb. 

A municipal corporation is not liable to an action for damages 
either for the non-exercise of, or for the manner in which it 
exercises in good faith, discretionary powers of a public or legis- 
lative character. lb. 

For failure upon the part of the city to maintain and keep in 
repair the sewer which caused the injury to the plaintiff's prop- 
erty, the defendant would have been liable by the express pro- 
visions of the special act under which it was located and planned, 
as well as by those of the general statute. But the evidence 
does not disclose any failure upon the part of the city in this 
respect. Upon the contrary, it appears that the injury to the 
plaintiff's property resulted entirely from the insufficient size of 
the sewer and of its outlet, a fault in the original plan of con- 
struction, for which the city is not liable. lb. 



DRAINS AND COMMON SEWERS. 415 

When the municipal authorities in the process of repairing a 
public sewer stop up the pipe of one who has lawfully connected 
with it so that it fills and bursts, the municipality is liable for 
the damage occasioned thereby. 103 Me. 119. 

Before the land is so taken, notice shall be given, and dam- 
ages assessed and paid therefor as is provided for the location of 
town ways. R. S. c. 21, § 3. 

Whenever a public drain or sewer is located and about to be 
constructed under the general provisions of law across the right 
of way of any railroad, unless the municipal officers or committee 
of the city or town which located the drain or sewer shall agree 
with the corporation operating such railroad as to the place, 
manner and conditions of the crossing, the railroad commis- 
sioners, upon petition of either party, after notice and hearing, 
shall determine the place, manner and conditions of such cross- 
ing; all the work within the limits of such railroad location 
shall be done under the supervision of the officers of the corpo- 
ration operating said railroad and to the satisfaction of the 
railroad commissioners, and the expense thereof shall be borne 
by the city or town in which said drain or sewer is located ; 
provided, however, that any additional expense in the construction 
of that part of the sewer or drain within the limits of the right 
of way of said railroad occasioned by the determination of said 
commissioners shall be borne by said railroad company or by the 
city or town in which said drain or sewer is located, or shall be 
apportioned between such company and the city or town as may 
be determined by said railroad commissioners. Said commission- 
ers shall make report of their decision in the same manner as in 
the case of highways located across railroads and subject to the 
same right of appeal. R. S. c. 21, § 4. 

When any town has constructed and completed a public drain 
or common sewer, the municipal officers shall determine what 
lots or parcels of land are benefited by such drain or sewer, and 
shall estimate and assess upon such lots and parcels of land, and 
against the owner thereof, or person in possession, or against 
whom the taxes thereon shall be assessed, whether said person 
to whom the assessment is so made shall be the owner, tenant, 
lessee or agent, and whether the same is occupied or not, such 
sum not exceeding such benefit as they may deem just and equi- 
table towards defraying the expenses of constructing and com- 
pleting such drain or sewer, the whole of such assessments not 
to exceed one-half of the cost of such drain or sewer, and such 



416 DRAINS AND COMMON SEWERS. 

drain or sewer shall forever thereafter be maintained and kept 
in repair by such town. The municipal officers shall file with 
the clerk of the town the location of such drain or sewer, with a 
profile description of the same, and a statement of the amount 
assessed upon each lot or parcel of land so assessed, and the 
name of the owner of such lots or parcels of land of person 
against whom said assessment shall be made, and the clerk of 
such town shall record the same in a book kept for that purpose, 
and within ten days after filing such notice, each person so 
assessed shall be notified of such assessment by having an 
authentic copy of said assessment, with an order of notice signed 
by the clerk of said town, stating the time and place for a hear- 
ing upon the subject matter of said assessments, given to each 
person so assessed or left at his usual place of abode in said 
town ; if he has no place of abode in said town, then such notice 
shall be given or left at the abode of his tenant or lessee if he 
has one in said town ; if he has no such tenant or lessee in said 
town, then by posting the same notice in some conspicuous place 
in the vicinity of the lot or parcel of land so assessed, at least 
thirty days before said hearing, or such notice may be given by 
publishing the same three weeks successively in any newspaper 
published in said town, the first publication to be at least thirty 
days before said hearing ; a return made upon a copy of such 
notice by any constable in said town, or the production of the 
paper containing such notice, shall be conclusive evidence that 
said notice has been given, and upon such hearing the municipal 
officers shall have power to revise, increase or diminish any of 
such assessments, and all such revisions, increase or diminution 
shall be in writing and recorded by such clerk. R. S. c. 21, § 5. 

A land owner may be required to contribute toward the cost 
of a public work, a sum equal to the increased value of his 
property by reason of peculiar and special benefits thereby given, 
in addition to those bestowed upon him in common with the 
general public. A tax may be recovered of a land owner when 
duly assessed on his land under the foregoing section, according 
to the benefit accruing to him from the construction of a public 
sewer. 84 Me. 212. 

Overvaluation cannot be set up as a defense to the tax. The 
statute remedy in such cases is exclusive. lb. 

Where the evidence fails to show that the municipal officers 
constructed a "public drain," or "common sewer" in the exercise 
of any authority conferred by the statute of eighteen hundred 



DKAINS AND COMMON SEWERS. 417 

and eighty-nine, but satisfactorily proves that the acts complained 
of were performed by the highway surveyor while making neces- 
sary repairs on the highway by cleaning out the old ditch, and 
one or more of the culverts, in order that they might serve the 
purpose for which they were designed : Held, that if the effect 
of these operations was to cause the surface water to flow upon 
the plaintiff's land adjacent more freely than it had previously 
been accustomed to do, no action will lie against the town for 
the damage thereby occasioned. 86 Me. 378. 

Such proof will not sustain an action upon the statute of 
eighteen hundred and eighty-nine, chapter two hundred and 
eighty-five, relating to public drains and common sewers; and a 
verdict for the defendants may be properly ordered by the pre- 
siding justice. 86 Me. 378. 

Any person not satisfied with the amount for which he is 
assessed, may, within ten days after such hearing, by request in 
writing given to such clerk, have the assessment upon his lot or 
parcel of land determined by arbitration. The municipal officers 
shall nominate six persons who are residents of said town, two 
of whom selected by the applicant, with a third resident person 
selected by said two persons, shall fix the sum to be paid by him, 
and the report of such referees made to the clerk of said town, 
and recorded by him, shall be final and binding upon all parties. 
Said reference shall be had and their report made to said clerk, 
within thirty days from the time of hearing before the municipal 
officers as provided in section five. R. S. c. 21, § 6. 

Any person may enter his private drain into any such public 
drain or common sewer, while the same is under construction 
and before the same is completed, and before the assessments 
are made, on obtaining a permit in writing from the municipal 
officers, or the sewer board having the construction of the same 
in charge ; but after the same is completed and the assessments 
made, no person shall enter his private drain into the same, until 
he has paid his assessment and obtained a permit in writing 
from the town treasurer, by authority of the municipal officers. 
All permits given to enter any such drain or sewer, shall be 
recorded by the clerk of said town before the same are issued. 
R. S. c. 21, § 7. 

Several of the cities in this state have special laws in relation 
to construction of sewers. A different mode of application for 



27 



418 DRAINS AND COMMON SEWERS. 

permits than that set forth in the foregoing section is provided 
therein. 

The right of action against a town, for not maintaining and 
keeping in repair a public drain or sewer, is given by chapter 
twenty-one of the revised statutes to those only who have a right 
to enter the sewer. 97 Me. 509. 

Written application to the municipal officers, distinctly describ- 
ing the land to which it applies, is an essential prerequisite to 
their power to grant such right. lb. 

A permit from the municipal officers to enter such sewer runs 
with the land ; but a person cannot claim under such a permit 
granted to one who was a stranger to the title at the time it 
was given. lb. 

All assessments made under the provisions of section five, 
shall create a lien upon each and every lot or parcel of land so 
assessed, and the buildings upon the same, which lien shall con- 
tinue one year after said assessments are made, and within ten 
days after they are made, the clerk of said town shall make out 
a list of all such assessments, the amount of each, and the name 
of the person against whom the same is assessed, and he shall 
certify the list and deliver it to the treasurer of said town ; if 
said assessments are not paid within three months from the date 
thereof, the treasurer sell shall, at public auction, such of said 
lots or parcels of land upon which such assessments remain 
unpaid, or so much thereof as is necessary to pay such assess- 
ments and all costs and incidental charges ; he shall advertise 
and sell the same within one year from the time said assess- 
ments are made, as real estate is advertised and sold for taxes 
under chapter ten, and upon such sale, shall make, execute and 
deliver his deed to the purchaser, which shall be good and 
effectual to pass the title of such real estate ; the sum for which 
such sale shall be made, shall be the amount of the assessment 
and all costs and incidental expenses. R. S. c. 21, § 8. 

Any person to whom the right by law belongs, may at any 
time within one year from the date of said sale, redeem such 
real estate by paying to the purchaser or his assigns the sum for 
which the same was sold, with interest thereon at the rate of 
twenty per cent a year, and the costs of re-conveyance. R. S. 
c. 21, § 9. 

If said assessments are not paid, and said town does not pro- 
ceed to collect said assessments, by a sale of the lots or parcels* 
of land upon which such assessments are made, or does not 



DRAINS AND COMMON SEWERS. 419 

collect, or is in any manner delayed or defeated in collecting 
such assessments by a sale of the real estate so assessed, then 
the said town, in the name of said town, may maintain an action 
against the party so assessed for the amount of said assessment, 
as for money paid, laid out and expended, in any court compe- 
tent to try the same, and in such suit may recover the amount of 
such assessment, with twelve per cent interest on the same from 
the date of said assessments and costs. R. S. c. 21, § 10 ; 84 
Me. 215. 

When any such assessment shall be paid by any person 
against whom such assessment has been made, who is not the 
owner of such lot or parcel of land, then the person so paying 
the same, shall have a lien upon such lot or parcel of land with 
the builings thereon, for the amount of said assessment so paid 
by said person, and incidental charges, which lien may be 
enforced in an action of assumpsit as for money paid, laid out 
and expended, and by attachment in the way and manner 
provided for the enforcement of liens upon buildings and lots, 
under chapter ninety-three, which lien shall continue one year 
after said assessment is paid. R. S. c. 21, § 11. 

The seven preceding sections shall not apply to any city or 
town, until the} r shall have been accepted by the inhabitants of 
such town or the city council of such city at a meeting legally 
called therefor. R. S. c. 21, § 12. 

Abutters upon the line of a public drain existing in any town 
or city which has not accepted the provisions of the eight pre- 
ceding sections, and abutters upon the line of a public drain 
constructed prior to such acceptance, and the owners of contig- 
uous private drains, may enter and connect with such public 
drain, on written application to the municipal officers, distinctly 
describing the land to which it applies, and paying therefor what 
they determine. They shall then give the applicants written 
permits so to enter, which shall be available to the owner of the 
land so described, his heirs and assigns, and shall run with the 
land without any other or subsequent charge or payment. Said 
officers shall establish such other regulations and conditions for 
entering public drains, as they deem expedient. R. S. c. 21, § 
13; 95 Me. 310; 97 Me. 510. 

If any person is dissatisfied with the sum which he is 
required to pay to enter a public drain, and within ten days 
after notice thereof, requests in writing to have it determined by 
arbitration, said officers shall nominate six persons, any two of 



420 DRAINS AND COMMON SEWERS. 

whom, selected by the applicant, with a third person, selected by 
himself, may fix the sum to be paid; and by paying it and the 
fees of the arbitrators, the applicant shall be entitled to a permit. 
R. S. c. 21, § 14. 

All drains, heretofore made at the expense of a town, shall be 
maintained, managed, controlled and entered the same as if 
made under this chapter, subject to the rights of private persons 
therein. R. S. c. 21, § 15. 

A municipal corporation is liable for indictment if it so con- 
structs its public sewers that the outfalls thereof create a public 
nuisance, noisome and prejudicial to the public health, provided 
accumulations of filth thence proceeding are not promptly 
removed. It is not necessary in such an indictment to allege 
negligence in the adoption of the plan of their sewerage system 
or careless execution of the same. And it is no sufficient legal 
answer in such case that they exercise their best judgment, and 
proceeded with reasonable care in adopting their sewerage 
system and constructing their sewers. 74 Me. 268. 

If any person connects a private drain with a public drain, or 
enters it by a side drain, without a permit, the municipal officers 
may forthwith destroy such connection ; and such person for- 
feits to the town where the offense is committed, not exceeding 
two hundred dollars, to be recovered by indictment or action of 
debt. R. S. c. 21, § 16. 

If any person willfully or negligently violates any condition 
or regulation prescribed in his permit, said officers may forth- 
with disconnect his drain from the public drain and declare his 
permit forfeited; and such person, his heirs and assigns, shall 
not be allowed to enter it again without a new permit. Who- 
ever by the construction or use of a private drain commits a 
nuisance, is liable therefor notwithstanding anything herein 
contained. R. S. c. 21, § 17. 

If the officers disconnect the drains of any person who will- 
fully or negligently violates any condition or regulation pre- 
scribed in his permit and filth accumulates upon the premises, 
such filth shall be removed by the owner or occupant of such 
premises, and if he neglects to remove the same within twenty- 
four hours after notice, it may be removed upon the order of the 
board of health and all expenses thereof shall be paid by the 
owner or occupant of the premises, or by the person who caused 
or permitted such filth. R. S. c. 18, § 64 ; 57 Me. 438 ; 87 
Me. 474. 



DRAINS AND COMMON SEWERS. 421 

When a nuisance exists upon lands, it is the general rule that 
it is the occupier of the lands, and he alone, to whom responsi- 
bility for the premises prima facie attaches ; but the owner of 
the lands is responsible if he has created or maintained the 
nuisance, and for the purpose of determining the responsibility 
in such case, the trustee holding the legal title or a receiver or 
other officer appointed by a court, will be regarded as the 
owner of the lands. The owner is answerable for his own acts, 
in this regard, and for those of his servants, agents, employes, 
if their acts are done in the course of their employment. This 
is true even if the acts constitute a positive malfeasance or mis- 
conduct. It makes no diffierence that the principal or master 
did not actually authorize or even know of the act or omission of 
his servant or agent. If a nuisance is created by a corporation, 
the corporation itself and such .of its officers as have direction 
and control of its business, as well as its agents and employes 
who contributed to the nuisance, may be jointly or severally 
sued or indicted therefor. 145 Mass. 38 ; 80 N. Y. 579 ; 108 
N. Y. 530; 3 Hill 479; 28 Hun. 458: 115 N. Y. 203; 6 C. 
& P. 292; 44 Ga. 488; 6 M. & W. 487; 8 Ohio St. 353; 8 
Gray, 195; 4 Cushing, 277; 54 Me. 46. 

After a public drain has been constructed and any person has 
paid for connecting with it, it shall be constantly maintained and 
kept in repair by the town, so as to afford sufficient and suitable 
flow for all drainage entitled to pass through it; but its course 
may be altered, or other sufficient and suitable drains may be 
substituted therefor. If such town does not so maintain and 
keep it in repair, any person entitled to drainage through it m&j 
have an action against the town for his damages thereby sus- 
tained. R. S. c. 21, § 18. 

In bringing an action under the provisions of the foregoing 
section, the defendants cannot be found guilty, until all the facts 
necessary to constitute their guilt have been affirmatively alleged 
and proved. 56 Me. 411. 

If the town does not maintain and keep the drain in repair 
any person entitled to drainage through it may have an action 
against the town for his damages thereby sustained. 66 Me. 
154. 

It is no legal offense that the rains which cause the overflow 
of a sewer were extraordinarily severe. lb. 

A town voluntarily accepting the statute which authorizes it 
to make sewers and to assess the expense thereof on the lands 



422 DRAINS AND COMMON SEWERS. 

benefited thereby, is not exempt from liability to private actions 
by persons injured by this negligence in exercising the powers 
so granted and accepted, to the same extent as it is in the per- 
formance of duties imposed upon it by general law, exclusively 
for public purposes, and without its corporate assent. 82 Me. 
358. 

The plaintiff must prove that he or his predecessor entitled 
made written application to the municipal officers to enter and 
connect with the sewer, and that the municipal officers gave the 
applicant a written permit so to do. 97 Me. 510. 

A town is not responsible in damages for injuries caused to a 
person's property by the flowing back of water and sewage from 
a public sewer with which the property is connected, if this 
injury results entirely from some fault in the location or plan of 
construction of the sewer, or in the general design of the sewer 
system, and not at all because of any want of repair or failure of 
the town to maintain the sewer to the standard of efficiency of 
its original plan of construction. 100 Me. 260. 

A town is not liable to an action for damages either for the 
non-exercise of, or the manner in which it exercises in good 
faith, discretionary powers of a public or legislative character. 
100 Me. 261. 

The injury sustained by the plaintiff, by reason of the flowing 
back of water and sewage of a public sewer with which the 
plaintiff's property was properly connected, not all caused by 
any failure of the town to maintain and keep in repair this sewer 
to its original extent and degree of efficiency, but was caused by 
the sewer becoming overloaded by reason of the same being 
extended in the direction away from its outlet and by the con- 
struction of several other sewers which connected with and 
emptied into the one in question. Held, that the plaintiff could 
not recover. 101 Me. 311. 

In order to recover against a municipality for violation of 
revised statutes, chapter twenty-one, section eighteen, requiring 
proper maintenance and repair of public drains and sewers, the 
plaintiff must establish the following propositions : 

1. That the drain in question was a public drain or sewer, 
one legally established by act of the municipal officers of the 
city. 

2. That the plaintiff was a person entitled to drainage through 
it, not a mere trespasser, but one who had fulfilled the require- 



DRAINS AND COMMON SEWERS. 423 

ments of law which were conditions precedent to the enjoyment 
of the right of drainage. 

3. That the defendant had failed to maintain the sewer, or to 
keep it in repair, so as to afford sufficient and suitable flow for 
all drainage entitled to pass through it. And on this point, it 
must be shown that the defect was not in the original system 
established by the judicial act of the municipal officers, but that 
there was an actual failure on the part of the city to maintain 
and keep the drain in repair after its construction. 

4. That the plaintiff suffered injury from this neglect of the 
city to properly repair and maintain the sewer. 99 Me. 139. 

When the plans for proposed drains or sewers have been 
finally determined upon by the proper municipal officers, judi- 
cial duty comes to an end. The work of constructing them 
in accordance with the plans adopted is purely ministerial in 
character. There is great unanimity of opinion among the 
authorities on this point, as well as upon the resulting rule that 
municipal corporations are bound to exercise reasonable care, 
skill and prudence in carrying on the actual work of construct- 
ing such improvements, and must respond in damages for any 
injury done to private property by the negligent or unskillful 
manner in which this duty is performed by them. 72 Conn. 
350; 25 Ind. 512; 84 Ind. 325; 119 Ind. 148; 70 Md. 56; 
110 Mass. 216 ; 149 Mass. 410 ; 56 N. H. 291 ; 90 N. Y. 435 ; 
52 Vt. 481; 118 U. S. 19. 

The duty of municipal corporations relative to the mainte- 
nance of drains and sewers, when completed, like the duty 
involved in the work of construction, is purely ministerial in 
character. Therefore, while not an insurer of their condition, 
unless made so by some statutory provision, a corporation is 
bound to use due care and vigilance to keep them clear and in a 
proper state of repair, and is responsible at common law for 
damages resulting from a failure on its part to so do. In the 
application of this rule of liability, it makes no difference by 
whom the drain or sewer in any particular case was constructed, 
provided it appears that the municipality has assumed and exer- 
cised control over it. Hence, even though built by a private 
individual, the corporation, by adopting it to the use of its pub- 
lic, will become responsible for its proper maintenance to the 
same extent as though constructed by its own agents. Williams 
Municipal Liability for Tort, § 157, citing 6Q Me. 154 ; 68 111. 



424 DRAINS AND COMMON SEWERS. 

167; 62 111. App. 26 ; 67 Ind. 228 ; 50 la. 197 ; 159 Mass. 324 ; 
56 N. H. 291; 46 N. Y. 194; 38 Vt. 350; 118 U. S. 19. 

Municipal corporations are liable not only for neglecting to 
clean and repair drains and sewers, but also for cleaning or 
repairing them in a negligent manner. 64 Md. 491 ; 88 Va. 
402; 104 Mass. 13; 93 Wis. 95. 

All proceedings of municipal officers as aforesaid shall be at 
their legal meetings. A suitable record shall be made of all such 
permits, exhibiting the persons and lands to which they apply. 
Said officers have exclusive direction, on behalf of their town, 
of all prosecutions under this chapter. R. S. c. 21, §19; 95 
Me. 310. 

If any person, after the sum to be paid by him for a permit 
has been determined by arbitration, neglects to pay it within 
sixty days after notice thereof, with the fees of the arbitrators, 
he shall have no benefit of such determination, or of his permit. 
The municipal officers may determine the fees of the arbitrators, 
which shall be paid in advance, if required; and their award 
shall be returned by them to the town clerk, and recorded with 
the proceedings of said officers in establishing such drains. 
R. S. c. 21, § 20. 

If a private drain becomes so obstructed or out of repair as to 
injure any street or highway, and the persons using it, after 
notice by the road commissioner, unreasonably neglect to repair 
such injury, it shall be repaired by the town, and the expense 
thereof may be recovered to the town in an action on the case 
against any one or more of the persons using such drain. R. S. 
c. 21, § 21 ; 51 Me. 524. 

Whoever willfully or carelessly injures or obstructs such pub- 
lic drain or its outlet, or any street or highway culvert leading 
into it, is liable to the town where it is located, in an action on 
the case for double the amount of injury and damages thereby 
caused, in addition to all other legal penalties therefor. R. S. 
c. 21, § 22. 

When a person, at his own expense, lays a common drain or 
sewer, all who join or enter it, shall pay him their proportion of 
such expense ; and the expense of opening and repairing shall 
be paid by all benefited, to be determined in each case by the 
municipal officers, subject to appeal to the county commissioners. 
R. S. c. 21, § 23. 

The municipal officers shall notify each person of the amount 



DRAINS AND COMMON SEWERS. 425 

which he is to pay, and to whom ; and if not paid in ten days, 
he shall pay double the amount with cost. R. S. c. 21, § 24. 

Before such drain is opened for repairs, all persons interested 
shall have seven days' notice thereof, given as the municipal offi- 
cers direct; and if any one objects and said officers think his 
objection reasonable, he shall not be liable to any expense there- 
for ; if not thought reasonable, or if no objection is made within 
three days, they may give written permission to proceed. R. S. 
c. 21, § 25. 

The municipal officers of a town may at the expense of the 
town construct ditches and drains to carry water away from any 
highway or road therein, and over or through any lands of per- 
sons or corporations when they deem it necessary for public 
convenience or for the proper care of such highway or road, pro- 
vided that no such ditch or drain shall pass under or within 
twenty feet of any dwelling-house without the consent of the 
owner thereof. Such ditches or drains shall be under the con- 
trol of said municipal officers and willful interference therewith 
shall be punished as is provided by statute for obstruction in a 
traveled road. If such town does not maintain and keep in 
repair such ditches and drains, the owner or occupant of the 
lands through or over which they pass, may have his action 
against the town for damages thereby sustained. R. S. c. 21, 
§26. 

Before land is so taken, notice shall be given and damages 
assessed and paid therefor as is provided for the location of town 
ways. R. S. c. 21, § 27. 

Persons or corporations possessing land, swamp, meadow, 
quarries or mines, which by reason of adjacent lands or high- 
ways, cannot be approached, drained or used without crossing 
said lands or highways, may establish drains or ditches thereto, 
in the manner hereinafter provided. R. S. c. 21, § 28. 

The party desiring to make such drains and ditches shall file 
a petition therefor with the county commissioners, in the county 
where the premises are situate, setting forth the proposed work, 
the situation of the adjoining lands, and the names of the parties 
interested, if known, accompanied by a bond approved by the 
commissioners and payable to the county treasurer, conditioned 
to pay all costs and damages. R. S. c. 21, § 29. 

Said commissioners thereupon, shall order notice to all parties 
named therein, by serving on them an attested copy thereof with 
the order thereon, fourteen days before their next regular ses- 



426 DRAINS AND COMMON SEWERS. 

sion, and by publishing it in some newspaper published in said 
county, if any, otherwise in some paper in an adjoining county,, 
and after said order has been complied with, they may appoint a 
committee of review of not less than three, nor more than five 
disinterested persons, and fix their daily compensation ; they 
shall meet on the premises on the day named, and by examina- 
tion determine whether the proposed drain or ditch is necessary 
to the beneficial use of said lands, and if so, said committee shall 
lay out and establish the same, in a manner to cause the least 
injury, and shall assess the damages which any proprietor of the 
adjacent lands is likely to sustain, and report the same with all 
their proceedings to said commissioners; but before said com- 
mittee proceeds to said examination they shall give ten days' 
notice of the time and place of their meeting, by posting notifi- 
cations thereof in two public places, in the town in which said 
lands lie. R. S. c. 21, § 30. 

At the next meeting of said commissioners after the report of 
the committee is received, they may, if deemed reasonable, accept 
such report. R. S. c. 21, § 31. 

The party praying for such drains or ditches shall cause the 
final report and adjudication to be recorded in the registry of 
deeds for the county, and shall pay or tender in payment the 
full amount of damages to the parties to whom the same is adju- 
dicated. R. S. c. 21, § 32. 

The owners of a drain or ditch constructed for the purposes 
above named, or any one of them benefited thereby, may, from 
time to time, improve, deepen and repair the same in such man- 
ner as is necessary to make it effective, and may remove and use 
any rock, earth or other material necessary for such improve- 
ments, and may enter upon the lands through which such drain 
or ditch passes, for that purpose. R. S. c. 21, § 33. 

All damages sustained by any person by reason of such 
improvement, including the value of the royalty or stumpage on 
the rock, and of the other material removed and used, may be 
recovered against the persons or corporations taking said mate- 
rial, in an action on the case ; or upon application to the county 
commissioners, at the election of the party injured, who shall 
assess the damages, and proceedings upon appeal may be con- 
ducted as provided in section eight of chapter twenty-three* 
R. S. c. 21, § 34. 

Whoever damages such works shall be punished as provided 
in chapter one hundred and twenty-eight, for offenses of like 
nature. R. S. c. 21, § 35. 



EDUCATION OF YOUTH. 427 



CHAPTER LI. 



EDUCATION OF YOUTH. 

The school districts in all towns in the state are abolished. 
Provided, however, that school districts organized with special 
powers by act of the legislature may retain such organization 
and special powers ; but said districts shall annually on or before 
the first day of June, by their agents, trustees or directors, sub- 
mit to the school committees of their several towns estimates of 
the amounts required for the maintenance of the schools therein, 
other than free high schools, for the ensuing school year, and 
shall be entitled to such portion of the common school funds of 
the town as said committees shall determine, which sum shall 
not be less than is necessary for the maintenance of their schools 
for a period equal to that of the other schools of the town ; and 
provided further, that the corporate powers of every school dis- 
trict shall continue so far as the same may be necessary for meet- 
ing its liabilities and enforcing its rights ; and any property held 
in trust by any school district by virtue of a gift, devise or 
bequest for the benefit of said district shall continue to be held 
and used according to the terms thereof. R. S. c. 15, § 1. 

The location of any school legally established prior to March 
seventeen, eighteen hundred and ninety-three continues un- 
changed, notwithstanding the district is abolished ; but any town 
at its annual meeting, or at a meeting called for the purpose, 
may determine the number and location of its schools, and may 
discontinue them or change their location ; but such discontinu- 
ance or change of location shall be made only on the written 
recommendation of the superintending school committee, and on 
conditions proper to preserve the just rights and privileges of 
the inhabitants for whose benefit such schools were established ; 
provided, however, that in case any school shall hereafter have 
too few scholars for its profitable maintenance, the superintend- 
ing school committee may suspend the operation of such school 
for not more than one year unless otherwise instructed by the 
town, but any public school failing to maintain an average 



428 EDUCATION OF YOUTH. 

attendance for any school year, of at least eight pupils, shall be 
and hereby is suspended, unless the town in which said school is 
located shall by vote, at the annual meeting after the said com- 
mittee shall have made a written recommendation to that effect, 
instruct its superintending school committee to maintain said 
school. The superintendent of schools in each town shall pro- 
cure the conveyance of all common school pupils residing in his 
town, a part or the whole of the distance, to and from the near- 
est suitable school, for the number of weeks for which schools 
are maintained in each year, when such pupils reside at such a 
distance from the said school as in the judgment of the superin- 
tending school committee shall render such conveyance necessary. 
Provided, however, that the superintending school committee may 
authorize the superintendent of schools to pay the board of any 
pupil or pupils at a suitable place near any established school 
instead of providing conveyance for said pupil or pupils, when 
in their judgment it may be done at an equal or less expense 
than by conveyance. R. S. c. 15, § 2. 

When a location for the erection or removal of a schoolhouse 
and requisite buildings has been legally designated, by vote of 
the town at any town meeting called for that purpose and the 
owner thereof refuses to sell, or, in the opinion of the municipal 
officers, asks an unreasonable price for it, or resides without the 
state and has no authorized agent or attorney therein, they may 
lay out a schoolhouse lot, not exceeding three acres, and appraise 
the damages therefor; and on payment or tender of such dam- 
ages, or if such owner does not reside in the state, upon deposit- 
ing such damages in the treasury of such town for his use, the 
town designating it may take such lot to be held and used for 
the purpose aforesaid ; and when such schoolhouse has ceased to 
be thereon for two years, said lot reverts to the owner, his heirs 
or assigns. And any town or city may take real estate for the 
enlargement or extension of any location designated for the 
erection or removal of a schoolhouse and requisite buildings and 
playgrounds, as herein provided; but no real estate shall be so 
taken within fifty feet of a dwelling-house, and all schoolhouse 
lots and playgrounds that require fencing shall be fenced by the 
town or city. R. S. c. 15, § 3. 

If the owner is aggrieved at the location of the lot, or the 
damages awarded, he may apply to the county commissioners 
within six months, who may change the location and assess the 
damages. If the damages are increased, or the location changed, 



EDUCATION OF YOUTH. 429 

such town or district shall pay the damages and costs ; otherwise 
the costs shall be paid by the applicant. R. S. c. 15, § 4. 

If any town or school district, by its officers or by a com- 
mittee, has designated, located and described a lot upon which 
to erect, move or repair a schoolhouse, and from mistake or 
omission has failed to comply with the law, whereby such loca- 
tion has been rendered invalid, three legal voters and tax-payers 
thereof may apply in writing to the selectmen of said town, and 
have the lot, so designated or described, re-appraised by them. 
R. S. c. 15, § 5. 

The selectmen of any town to whom such application has been 
made, shall forthwith give not less than seven nor more than 
twenty days' notice to the clerk of said town or district and to 
the owner of such real estate, or to the persons having the same 
in charge, of the time and place by them fixed for such hear- 
ing, and shall, after examination and hearing of all interested, 
appraise the lot as set out and affix a fair value thereon, exclu- 
sive of improvements made by said district or town, either by 
buildings or otherwise ; and shall, as soon as practicable, notify 
the town or district clerk, and the persons interested in said 
estate who had been notified as hereinbefore provided, of the 
sum at which said lots had been appraised. R. S. c. 15, § 6. 

The sum fixed as the value of said lot shall be assessed, col- 
lected and paid over as other school money. R. S. c. 15, § 7. 

Any sum which has been tendered and is in the hands or 
under the control of the persons owning or having charge of 
such land, shall be allowed in payment of said appraisal. R. S. 
c. 15, § 8. 

If the town or district, or persons owning or having charge of 
the land on which such location is made, are dissatisfied with 
such appraisal, either party may within ten days appeal to the 
county commissioners of the county in which the land lies, by 
filing a copy of the proceedings and a claim of appeal with said 
commissioners, and the determination of a majority of said com- 
missioners not residents of said town, shall be final. R. S. c. 15, 
§9- 

When any school district or town has erected or moved a 
building upon such lot or in any way improved the same, such 
improvement shall inure to the benefit of such town or district, 
and the same may be as completely occupied and controlled by 
such town or district as it would have been if such location had 
been in strict conformity to law. R. S. c. 15, § 10. 



430 EDUCATION OF YOUTH. 

The legality of a tax assessed to build, repair or move a 
schoolhouse and to pay for a lot, shall not be affected by any 
mistake or error in the designation or location thereof. R. S. 
c. 15, § 11. 

A plan for the erection or reconstruction of a schoolhouse voted 
by a town, shall first be approved by the superintending school 
committee, and in case no special building committee has been 
chosen by the town, said superintending school committee shall 
have charge of said erection or reconstruction; provided, how- 
ever, that they may if they see fit, delegate said power and duty 
to the superintendent of schools. R. S. c. 15, § 12. 

It shall be the duty of the state superintendent of public 
schools to procure architect's plans and specifications for not to 
exceed four room school buildings, and full detail working plans 
therefor. Said plans and specifications shall be loaned to any 
superintending school committee or school building committee 
desiring to erect a new school building. For the use of the 
state superintendent of public schools in procuring such plans 
and specifications the sum of two hundred dollars is hereby 
appropriated for the year nineteen hundred and nine and a like 
sum for the year nineteen hundred and ten. P. L. 1909 c. 
88, § 1. 

When the plans and specifications prepared by the state 
superintendent are not used, all superintending school com- 
mittees of towns in which new schoolhouses are to be erected, 
shall make suitable provision for the heating, lighting and 
ventilating and hygienic conditions of such buildings, and all 
plans and specifications for any such proposed school building 
shall be submitted to and approved by the state superintendent 
of public schools and the state board of health before the same 
shall be accepted by the superintending school committee or 
school building committee of the town in which it is proposed 
to erect such building. P. L. 1909 c. 88, § 2. 

In case no special building committee has been chosen by the 
town, the superintending school committee shall have charge of 
the erection or reconstruction of any school building, provided 
that said superintending school committee may, if they see fit, 
delegate said power and duty to the superintendent of schools. 
P. L. 1909 c. 88, § 3. 

Any building which is used in whole or in part as a school- 
house shall be provided with proper egresses or other means of 
escape from fire sufficient for the use of all persons therein 



EDUCATION OF YOUTH. 431 

^accommodated. These egresses and means of escape shall be 
kept unobstructed, in good repair and ready for use. Stairways 
on the outside of the building shall have suitable railed land- 
ings at each story above the first, accessible at each story from 
doors or windows and such stairways, doors or windows shall 
be kept clean of snow, ice and other obstructions. In school 
buildings of more than one story there shall be at least two 
separate means of egress by inside or outside stairway, and each 
story above the first shall be supplied, with means of extinguish- 
ing fire consisting of pails of water or other portable apparatus, 
or of a hose attached to a suitable water supply and such 
applicance shall be kept at all times ready for use and in good 
condition. Upon written notification by the superintending 
school committee that any school building does not meet the 
specifications herein named, the municipal officers of the town 
shall at once proceed to correct the defects, and any failure so 
to act shall render the town liable to the provisions of section 
sixteen of chapter fifteen of the revised statutes. P. L. 1909 
o. 100, § 1. 

Every town shall raise and expend, annually, for the support 
of common schools therein, exclusive of the income of any cor- 
porate school fund or of any grant from the revenue or fund 
from the state, or of any voluntary donation, devise or bequest, 
or of any forfeiture accruing to the use of schools, not less than 
eighty cents for each inhabitant, according to the census by 
which representatives to the legislature were last apportioned, 
under penalty of forfeiting not less than twice nor more than 
four times the amount of its deficiency, and all moneys pro- 
vided by towns, or apportioned by the state for the support of 
common schools, shall be expended for the maintenance of com- 
mon schools established and controlled by the towns by which 
said moneys are provided, or to which said moneys are appor- 
tioned ; but nothing in this section shall be so construed as to 
*mnul, or render void, the provisions made in section eighteen 
of this chapter for the establishment and maintenance of union 
schools by adjoining towns. The change from fifty-five to 
eighty cents does not take effect until January first, nineteen 
hundred and ten. R. S. c. 15, § 13. 

All towns incorporated since seventeen hundred and eighty- 
eight, not formerly parts of other towns, which fail to account 
for the permanent school fund arising from sale or lease of 
school lands in said towns, shall annually raise and expend for 
the maintenance of common schools not less than forty-five 



432 EDUCATION OF YOUTH. 

dollars in addition to the amount required by law to be raised 
and expended for the support of said schools. R. S. c. 15, § 14. 

No money appropriated by law for public schools shall be 
paid from the treasury of any town, except upon the written 
order of its municipal officers ; and no such order shall be drawn 
by said officers except upon presentation of a properly avouched 
bill of items. The unexpended balance of all moneys raised by 
towns, or received from the state, for the payment of wages and 
board of teachers, fuel, janitors' services, conveyance or tuition 
and board of scholars, shall be credited to the school resources 
for the year following that in which said unexpended balance 
occurred. This clause, relating to unexpended balances shall 
not apply to cities. R. S. c. 15, § 15. 

When the governor and council have reason to believe that a 
town has neglected to raise and expend the school money 
required by law, or to employ teachers certificated as required 
by law, or to have instruction given in the subjects prescribed by 
law or to provide suitable text-books in the subjects prescribed 
by law, or faithfully to expend the school money received from 
the state, or in any way, to comply with the laws prescribing 
the duties of towns in relation to public schools, they shall 
direct the treasurer of state to withhold further payment to such 
town from the state school fund and mill tax until such town 
satisfies them that it has expended the full amount of school 
money as required by law and that it has complied in all ways 
with the law prescribing the duties of towns in relation to 
public schools. R. S. c. 15, § 16. 

Sums received by any city, town or plantation from the dis- 
tribution by section three of chapter one hundred and seventy- 
seven of the public laws of nineteen hundred and nine, shall be 
deemed to be raised by such city, town or plantation within the 
meaning of the revised statutes, chapter fifteen, section thir- 
teen, as amended. P. L. 1909 c. 177, § 6. 

The school moneys of every town shall be so expended as to 
give as nearly as practicable the same aggregate annual length of 
terms in all its schools, and every town shall make provision for 
the maintenance of all its schools for not less than twenty-six 
weeks annually. Any town failing to maintain its schools as 
provided in this section, shall be debarred from drawing its state 
school moneys, till it shall have made suitable provisions for so 
maintaining them thereafter. R. S. c. 15, § 17. 



EDUCATION OF YOUTH. 433 

Adjoining towns, upon the written recommendation of the 
school committee of said towns, may by concurrent action main- 
tain union schools for the benefit of parts of said towns consti- 
tuting on March one, eighteen hundred and ninety-four, union 
school districts, or may establish such schools, and shall contribute 
to their support each in proportion to the number of scholars in 
each of said towns attending such schools. Said schools shall be 
under the management of the school committee of the town in 
which their schoolhouses are located. R. S. c. 15, § 18. 

Towns shall expend the entire amount of the school fund and 
mill tax received from the state, together with the amounts aris- 
ing from the eighty cents per capita, after January one, nineteen 
hundred and ten, as provided in section thirteen of said chapter 
fifteen and the funds arising from the various sources enumerated 
in the first four hues of section thirteen of said chapter and the 
funds arising from the provisions of section fourteen of said 
chapter, for the payment of teachers' wages and board, fuel, jan- 
itors' services, conveyance of scholars and tuition and board of 
scholars, as provided in section two and section fifty of said 
chapter fifteen and shall provide schoolbooks, apparatus and appli- 
ances for the use of pupils in the public schools, including all 
free high schools, at the expense of said town ; and shall also 
pay for the necessary repairs of school buildings and insurance 
on same, if any, improvement and maintenance of school yards 
and playgrounds out of a sum or sums of money raised and 
appropriated for that purpose which shall be assessed like other 
money and shall be in addition to and independent of the amount 
which towns are required by law to raise, assess and expend for 
the support of common schools ; provided, however, that any parent 
or guardian of any pupil in the public schools may, at his own 
expense, procure for the separate and exclusive use of such pupil, 
the text-books required to be used in such schools and no second 
hand books shall be purchased for the use of any school; any 
person violating this provision shall forfeit not exceeding five 
hundred dollars, to be recovered in an action of debt by any 
school officer or person aggrieved. R. S. c. 15, § 19. 

School committees shall make such rules and regulations not 
repugnant to law, as they deem proper, for the distribution and 
preservation of schoolbooks and appliances furnished at the 
expense of the town. R. S. c. 15, § 20. 

When a pupil in the public schools loses, destroys, or unneces- 
sarily injures any such schoolbook or appliance, furnished such 



434 EDUCATION OF YOUTH. 

pupil at the expense of said town, his parent or guardian shall 
be notified, and if the loss or damage is not made good to the 
satisfaction of such committee within a reasonable time, they 
shall report the case to the assessors, who shall include in the 
next town tax of the delinquent parent or guardian the value of 
the book or appliance so lost, destroyed or injured, to be assessed 
and collected as other town taxes. R. S. c. 15, § 21. 

Any city or town may, in addition to the sum raised for the 
support of the common schools, raise and appropriate money for 
the support of evening schools, which shall admit persons of any 
age, shall teach only the elementary branches, and shall be under 
the direction and supervision of the superintending school com- 
mittee. R. S. c. 15, § 22. 

Any city or town may annually make provision for free instruc- 
tion in industrial or mechanical drawing, to persons over fifteen 
years of age, either in day or evening schools, under direction of 
the superintending school committee. R. S. c. 15, § 23. 

Any city or town may, in addition to the sum raised for the 
support of the common schools, raise and appropriate money for 
the support of manual training schools and may receive gifts and 
bequests for the use, maintenance and support of such schools. 
R. S. c. 15, § 24. 

Such schools shall be under the control, direction and super- 
vision of the superintending school committee, and shall admit 
such persons between the ages of six and twenty-one years, and 
shall give such courses of instruction as said committee may 
determine. Pupils in such schools shall be subject to the same 
conditions, rules and regulations as provided for public schools. 
R. S. c. 15, § 25. 

Persons between the ages of five and twenty-one years living 
at any light station, shall be admitted to any public school in the 
state without paying tuition ; such scholars shall be entitled to 
all privileges and benefits, and be subject to the same conditions, 
rules and regulations as scholars residing in the town in which 
they attend school. R. S. c. 15, § 26. 

The age of pupils allowed to attend the public schools of the 
state is hereby fixed between the ages of five and twenty-one 
years. R. S. c. 15, § 27. 

The assessors or municipal officers of each town, shall, or on 
before the first day of each May, make to the state superin- 



EDUCATION OF YOUTH. 435 

tendent of public schools, a certificate, under oath, embracing 
the following items : 

First. The amount voted by the town for common schools at 
the preceding annual meeting. 

Second. The amount of school moneys payable to the town 
from the state treasury during the year ending with the first 
day of the preceding April. 

Third. The amount of money actually expended for com- 
mon schools during the preceding fiscal year of the town. 

Fourth. The amount of school moneys unexpended at the 
expiration of the preceding fiscal year of the town. 

Fifth. Answers to such other inquiries as are presented to 
secure a full and complete statement of school revenues and 
expenditures. R. S. c. 15, § 28. 

Every town shall choose by ballot at its annual meeting a 
superintending school committee of three to hold office as pro- 
vided in the following section and shall fill vacancies arising 
therein at each subsequent annual meeting. No person is 
ineligible to the office of superintending school committee, on 
account of sex. R. S. c. 15, § 29. 

School committees first chosen shall designate by lot a mem- 
ber or members to hold office for one, two and three years 
respectively, in manner as follows : one for one year, one for 
two years and one for three years ; and they shall certify such 
designation to the town clerk to be by him recorded ; and there- 
afterwards one member shall be chosen by ballot at the annual 
meeting of the town, to hold office for three years. Said com- 
mittee may fill vacancies occurring between annual meetings, 
and the term of office of any member of the committee so 
chosen shall expire at the next annual meeting. No member of 
the superintending school committee of any town shall be 
employed as teacher in any public school in said town. R. S. 
c. 15, § 30. 

The provisions of the two preceding sections shall not apply 
to cities whose charters specify the methods of election and 
term of office of a superintending school committee or board of 
education ; nor to towns, cities and incorporated districts author- 
ized by private and special laws to choose school committees 
other than those herein provided for. R. S. c. 15, § 31. 

A town failing to elect members of the superintending school 



436 EDUCATION OF YOUTH. 

committee as required by law, forfeits not less than thirty, nor 
more than two hundred dollars. R. S. c. 15, § 32. 

Superintending school committees shall serve without pay, 
unless otherwise voted by the town, but the superintendent 
shall receive for his services such sum as the town shall annu- 
ally vote therefor, which sum shall in no case be less than two 
dollars a day for every day of actual service and necessary trav- 
eling expenses. R. S. c. 15, § 33. 

The management of the schools and the custody and care, 
including repairs and insurance on school buildings, of all school 
property in every town, shall devolve upon the superintending 
school committee which shall* annually, and as often as a vacancy 
shall occur, elect a superintendent of schools who shall not be a 
member of the committee. This section shall not apply to 
cities, nor to towns authorized by special laws to employ or 
choose superintendents in manner otherwise than as herein pro- 
vided. R. S. c. 15, § 34. 

Superintending school committees shall perform the following 
duties : 

First. Direct the general course of instruction, and select a 
uniform system of text-books, due notice of which shall be 
given ; no text-book thus introduced, shall be changed for five 
years unless by vote of the town ; any person violating this 
provision shall forfeit not exceeding five hundred dollars, to be 
recovered in an action of debt by any school officer or person 
aggrieved. And when said committee have made such selection 
of schoolbooks, they may contract, under section nineteen, with 
the publishers for the purchase and delivery thereof ; make such 
rules as they deem effectual for their preservation and return ; 
or, if they are kept for sale, may regulate the sale and appoint 
an agent to keep and sell them, and fix the retail price, which 
shall be marked on the title page of each book. 

Second. They shall make provision for the instruction of all 
pupils in schools supported by public money or under state con- 
trol, in physiology and hygiene, with special reference to the 
effects of alcoholic drinks, stimulants and narcotics upon the 
human system. 

Third. After due notice and investigation they shall dismiss 
any teacher, although having the requisite certificate, who 
proves unfit to teach, or whose services they deem unprofitable 
to the school ; and give to said teacher a certificate of dismissal 



EDUCATION OF YOUTH. 437 

and of the reasons therefor, a copy of which they shall retain, 
and such dismissal shall not deprive the teacher of compensation 
for previous services. 

Fourth. Expel any obstinately disobedient and disorderly 
scholar, after a proper investigation of his behavior, if found 
necessary for the peace and usefulness of the school ; and 
restore him on satisfactory evidence of his repentance and 
amendment. 

Fifth. Exclude, if they deem it expedient, any person not 
vaccinated, although otherwise entitled to admission. 

Sixth. Prescribe the sum, on payment of which persons of 
the required age, resident on territory, the jurisdiction of which 
has been ceded to the United States, included in or surrounded 
by the town, may attend school in the town. 

Seventh. Determine what description of scholars shall attend 
each school, classify them, and transfer them from school to school 
where more than one school is kept at the same time. R. S. c. 
15, § 35. 

The superintendent of schools in every town shall be, 
ex-officio, secretary of the superintending school committee and 
shall perform such duties not herein enumerated as said com- 
mittee shall direct. 

First. He shall appoint suitable times and places for the 
examination of candidates proposing to teach in town, and shall 
give notice thereof by posting the same in two or more public 
places within the town at least three weeks before the time of 
said examination, or by the publication of said notice for a like 
time in one or more newspapers having the largest circulation 
in the county. Five days constitute the school week, and four 
weeks a school month. 

Second. On satisfactory evidence that a candidate possesses a 
good moral character and a temper and disposition suitable for 
an instructor of youth, he shall examine him in reading, spelling, 
English grammar, geography, history, arithmetic, civil govern- 
ment, bookkeeping, and physiology with special reference to the 
effects of alcoholic drinks, stimulants and narcotics upon the 
human system ; and the elements of the natural sciences, espe- 
cially as applied to agriculture, and such other branches as the 
superintending school committee desire to introduce into public 
schools, and particularly into the school for which he is exam- 
ined ; also as to his capacity for the government thereof. 



438 EDUCATION OF YOUTH. 

Third. He shall give to each candidate found competent, a 
certificate that he is qualified to govern said school and instruct 
in the branches above named, and such other branches as may 
be necessary to be taught therein, or he may render valid by 
indorsement any graded certificates issued to teachers by normal 
school principals. No certificate shall be granted any person to 
teach in the public schools of the state, who has not passed a 
satisfactory examination in physiology and Irygiene, with special 
reference to the effects of alcoholic drinks, stimulants and nar- 
cotics upon the human system. 

Fourth. He shall employ teachers, subject to the approval of 
the superintending school committee. 

Fifth. He shall return under oath to the school committee, in 
April annually, a certified list of the names and ages of all per- 
sons in his town from five to twenty-one years, corrected to the 
first day of said month, leaving out of said enumeration all per- 
sons coming from other places to attend any college or academy, 
or to labor in any factory, or at any manufacturing or other 
business. R. S. c. 15, § 36. 

He shall annually make returns to the state superintendent 
of public schools, of the number of persons between the ages- of 
five and twenty-one years, corrected to the first day of April 
preceding the time of making said returns, and give full and 
complete answers to the inquiries contained in the blank forms 
furnished him by law ; certify that such statement is true and 
correct, according to his best knowledge and belief ; and trans- 
mit it to the office of the state superintendent on or before the 
first day of each May. He shall also furnish such other infor- 
mation relating to the public schools as the said superintendent 
shall at any time require of him. R. S. c. 15, § 37. 

The return called for in section thirty-seven shall contain the 
following particulars : 

First. The number of children between five and twenty-one 
years of age, belonging to his town, on the first day of April 
preceding. 

Second. The whole number and the average number of schol- 
ars attending the summer schools ; the whole number and the 
average, attending the winter schools, also the total number of 
different scholars attending school two weeks or more of the 
preceding year, as shall appear from the teachers' registers 
returnable as provided in section eighty-five. 



EDUCATION OF YOUTH. 439 

Third. The average length of the summer schools in weeks ; 
the average length of the winter schools in weeks ; and the aver- 
age length of the schools for the year. 

Fourth. The number of male, and of female teachers em- 
ployed in the public schools during any part of the year. 

Fifth. The wages of male teachers a month, and the wages 
of female teachers a week, the cost of board to be added to the 
wages, in case the town pays the board. R. S. c. 15, § 38. 

He shall examine the schools and inquire into the regulations 
and discipline thereof, and the proficiency of the scholars, for 
which purpose he shall visit each school at least twice each term. 
At the annual town meeting, he shall make a written report of 
the condition of the schools for the past year, the proficiency 
made by the pupils, and the success attending the modes of 
instruction and government thereof, and transmit a copy to the 
state superintendent of public schools. R. S. c. 15, § 39. 

The school committees of two or more towns, having under 
their care and custody an aggregate of not less than twenty, nor 
more than fifty schools, may unite in the employment of a super- 
intendent of schools, provided they have been so authorized by 
a vote of their towns at the regular town meetings, or special 
town meetings called for that purpose. Provided further that 
such union shall not take effect until the state superintendent of 
public schools shall have approved the certificate of union as 
hereinafter provided. But the committee of any town dissatis- 
fied with the decision of the state superintendent may appeal to 
the governor and council who shall make the final decision rela- 
tive thereto. R. S. c. 15, § 40. 

The school committees of the towns comprising a union shall 
form a joint committee, and for the purposes of this section and 
the four following sections, said joint committee shall be held to 
be the agents of each town comprising the union. Said joint 
committee shall meet annually at a day and place agreed upon 
by the chairman of the committees of the several towns com- 
prising the union, and shall organize by the choice of a chairman 
and a secretary. They shall determine the relative amount of 
service to be performed by the superintendent in each town, 
fix his salary, apportion the amounts thereof to be paid by the 
several towns, which amount shall be certified to the treasurers 
of said towns respectively and to the state superintendent of 
schools, together with the amount apportioned to each town ; 
provided that the amounts so certified shall be in proportion to 



440 EDUCATION OF YOUTH. 

the amount of service performed in the several towns. They 
shall choose by ballot a superintendent of schools for a term not 
exceeding five years, but the period of such election shall not 
exceed that for which the union of towns has been authorized. 
R. S. c. 15, § 41. 

First. Whenever the chairman and secretary of said joint 
committee shall certify under oath to the state superintendent of 
schools, according to form prescribed by the state superintend- 
ent that a union has been maintained and a superintendent 
employed as provided in sections forty and forty-one of this 
chapter, which certification shall be made quarterly, on the first 
days of January, April, July and October of each year, then, 
upon approval of said certificate by the state superintendent of 
schools, payment shall be made out of the sum appropriated for 
superintendence of towns comprising school unions and out of 
any moneys in the treasury not otherwise appropriated to the 
superintendent so employed of a sum equal to twice the aggre- 
gate sum paid by the towns comprising the union, provided that 
the amount so paid for the benefit of a single union of towns 
shall not exceed eight hundred dollars in one year. R. S. c. 15, 
§42. 

Second. Whenever the chairman and secretary of school com- 
mittees of towns and cities having under their care and custody 
an aggregate of more than fifty schools, shall certify under oath 
to the state superintendent of schools, the form of certificate to 
be determined by said state superintendent, that a superintend- 
ent of schools has been employed by them for one year, and the 
salary that he has received, then upon the approval of said cer- 
tificate by the state superintendent of schools and presentation 
to the governor and council, a warrant shall be drawn upon the 
treasurer of the state for the payment to the treasurer of that 
town or city, of a sum equal to three-fifths the amount expended 
by said town or city for said superintendence, provided that the 
amount so paid for the benefit of a single town or city shall not 
exceed eight hundred dollars in one year. lb. 

The towns uniting for the purpose of employing a superin- 
tendent of schools shall appropriate for his salary their propor- 
tion of the sum paid said superintendent; and the amount to be 
paid by each town shall be determined by dividing the entire 
sum expended for superintendence among the towns comprising 
the union in the proportion of the service performed in each 
town. A union of towns formed under the provisions of sections 



EDUCATION OF YOUTH. 441 

forty and forty-one shall continue for a period of three years 
unless sooner dissolved by a two-thirds vote of the joint com- 
mittee. R. S. c. 15, § 43.' 

Persons employed to serve as superintendents of schools under 
section forty-one and section forty-two shall hold state certificates 
of superintendence grade which shall be issued upon such exam- 
ination as may be prescribed by the state superintendent of public 
schools and they shall devote their entire time to superintend- 
ence. The powers and duties of said superintendents shall be 
the same as those prescribed for town superintendents in this 
chapter. R. S. c. 15, § 44. 

No town shall receive state aid under section forty-two unless 
its appropriation and expenditure for superintendence have been 
exclusive of the amount required by law for common school pur- 
poses. If any part of the money raised by the towns or union 
of towns, or paid to them by the state for superintendence, is 
expended for any other purposes than those provided for in said 
section, then each person so misappropriating said money shall 
forfeit double the sum so misapplied, to be recovered in an action 
of debt, in the name and to the use of the town, by any inhabitant 
thereof ; and no town or union of towns shall receive further aid 
under said section until the amount so misapplied has been raised 
and expended for superintendence by such town or union of 
towns. R. S. c. 15, § 45. 

Towns may make such by-laws, not repugnant to law, concern- 
ing habitual truants, and children between six and seventeen 
years of age not attending school, without any regular and lawful 
occupation, and growing up in ignorance, as are most conducive 
to their welfare and the good order of society ; and may annex a 
suitable penalty, not exceeding twenty dollars, for any breach 
thereof ; but such by-laws must be first approved by a judge of 
the supreme judicial court. R. S. c. 15, § 46. 

Truant officers elected as provided in section fifty-one shall 
alone make complaints for violations of said by-laws, and shall 
execute the judgments of the magistrate. R. S. c. 15, § 47. 

Said magistrate, in place of fine, may order children proved to 
be growing up in truancy, and without the benefit of the educa- 
tion provided for them by law, to be placed for such periods as 
he thinks expedient, in the institution of instruction, house of 
reformation, or other suitable situation provided for the purpose 
under section forty-six. R. S. c. 15, § 48. 



442 EDUCATION OF YOUTH. 

Every child between the seventh and fifteenth anniversaries of 
his birth and every child between the fifteenth and seventeenth 
anniversaries who cannot read at sight and write legible simple 
sentences in the English language shall attend some public day 
school during the time such school is in session, and an absence 
therefrom of one-half day or more shall be deemed a violation 
of this requirement; provided that necessary absence may be 
excused by the superintending school committee or superintend- 
ent of schools or teachers acting by direction of either ; provided 
also, that such attendance shall not be required if the child 
obtained equivalent instruction, for a like period of time, in an 
approved private school or in any other manner approved by the 
superintending school committee ; provided, further, that children 
shall not be credited with attendance at a private school until a. 
certificate showing their names, residence and attendance at such 
school signed by the person or persons having such school in 
charge, shall be filed with the school officials of the town in 
which said children reside ; and provided, further, that the super- 
intending school committee may exclude from the public schools 
any child whose physical or mental condition makes it inexpedient 
for him to attend. All persons having children under their con- 
trol shall cause them to attend school as provided in this section, 
and for every neglect of such duty shall be punished by a fine 
not exceeding twenty-five dollars or shall be imprisoned not 
exceeding thirty days. R. S. c. 15, § 49. 

Children living remote from any public school in the town in 
which they reside may be allowed to attend the public schools, 
other than a high school approved as provided in section sixty- 
three, in an adjoining town, under such regulations and on such 
terms as the school committees of said town agree upon and 
prescribe, and the school committee of the town in which such 
children reside shall pay the sum agreed upon, out of the appro- 
priations of money raised in said town for school purposes. 
Except as above provided, a child attending a public school, 
other than a high school approved as provided in section sixty- 
three, in a town in which his parent or legal guardian does not 
reside, after having obtained the consent of the school committee 
of such town, shall pay, as tuition, a sum equal to the average 
expense of each scholar in such school. R. S. c. 15, § 50. 

Cities and towns shall annually elect one or more persons, to 
be designated truant officers, who shall inquire into all cases of 
neglect of the duties prescribed in section forty-nine and ascertain 
the reasons therefor and shall promptly report the same to the 



EDUCATION OF YOUTH. 443 

superintending school committee, and such truant officers or any 
of them shall, when so directed by the school committee or super- 
intendent in writing, prosecute in the name of the city or town, 
any person neglecting to perforin the duties prescribed in said 
section, by promptly entering a complaint before a magistrate; 
and said officers shall, when notified by any teacher that any 
pupil is irregular in attendance, arrest and take such pupil to 
school when found truant ; and further such officers shall enforce 
the provisions of sections one hundred and eighteen to one hun- 
dred and twenty, inclusive, of this chapter. Truant officers, 
when so directed in writing by the superintendent of schools or 
the superintending school committee of their respective towns, 
may visit the manufacturing, mechanical, mercantile and other 
business establishments in their several cities and towns during 
the hours in which the public schools of such city or town are in 
session, and ascertain whether any minors under the age of fifteen 
years are employed therein, and shall report any cases of such 
employment to the superintendent of schools or the superintend- 
ing school committee of their city or town, and if employed 
therein contrary to the provisions of chapter forty, shall also 
report such illegal employment to the inspector of factories, 
workshops, mines and quarries. The owner, superintendent, 
overseer or agent of all manufacturing, mechanical, mercantile or 
other business establishments, upon request, shall produce for 
the inspection of such truant officers all certified copies of records 
of birth and baptism, passports and age and schooling certificates 
required to be kept on file in such establishments under chapter 
forty of the revised statutes. Every city or town neglecting to 
elect truant officers, and truant officers neglecting any duty 
required of them under the provisions of this chapter shall forfeit 
not less than ten nor more than fifty dollars. The municipal 
officers shall fix the compensation of the truant officers, elected 
as prescribed in this section. Superintending school committees 
may fill vacancies occurring during the year, and shall elect 
truant officers at their first meeting after the annual meeting of 
the town, in case the town neglects to do so, or the truant officers 
elect, or any of them, fail to qualify. R. S. c. 15, § 51. 

If a child without sufficient excuse, shall be absent from 
school at six or more consecutive sessions during any term, he 
shall be deemed an habitual truant, and the superintending 
school committee shall notify him and any person under whose 
control he may be that unless he conforms to section forty -nine, 
the provisions of the two following sections will be enforced 



444 EDUCATION OF YOUTH. 

against them ; and if thereafter such child continues irregular in 
attendance, the truant officers or any of them shall, when so 
directed by the school committee or superintendent in writing, 
enforce said provisions by complaint. R. S. c. 15, § 52. 

Any person having control of a child, who is an habitual 
truant, as defined in the foregoing section, and being in any way 
responsible for such truancy, and any person who induces a child 
to absent himself from school, or harbors or conceals such child 
when he is absent, shall be punished by a fine not exceeding 
twenty dollars or shall be imprisoned not exceeding thirty days. 
R. S. c. 15, § 53. 

On complaint of the truant officer, an habitual truant, if a boy, 
may be committed to the State School for Boys, or if a girl, to 
the State Industrial School for Girls, or to any truant school 
that may hereafter be established. Police or municipal courts 
and trial justices shall have jurisdiction of such complaint and 
of the offenses described in sections forty-nine, fifty-one and 
fifty-three. All warrants issued by said courts or trial justices 
upon such complaint, or for an offense committed under said 
sections, and all legal processes issued by said courts or trial 
justices for the purpose of carrying into effect the provisions of 
this section and of said sections numbered forty-nine, fifty-one 
and fifty-three, may be directed to and executed by the truant 
officer, or either of the truant officers, of the town where the 
offense is committed. All fines, collected under said two last 
named sections, shall be paid to the treasurer of the city or town 
in which the offense is committed, for the support of the public 
schools therein. R. S. c. 15, § 54. 

Any tottm which establishes and maintains a free high school as 
provided by this section and the ten following sections, for at least 
ten weeks in any one year, shall on complying with the conditions 
hereinafter set forth, receive from the state one-half the amount 
actually expended for instruction in said school, not exceeding tivo 
hundred and fifty dollars.; provided, that no town shall receive 
such state aid unless its appropriation and expenditure for such 
school has been exclusive of the amounts required by law for 
common school purposes. Such aid shall be paid from the state 
treasury on and after the first day of each January, upon certifica- 
tion by the governor and council as provided by section sixty-five. 
But whenever a town or precinct desires to draw its state aid semi- 
annually, it shall be paid on and after the first day of July and 
January ; provided, that the superintendent of such town makes, 



EDUCATION OF YOUTH. 445 

semi-annually, before said days, the report required in section 
sixty-five. After July second, nineteen hundred and nine the 
portions of this section appearing in italics are annulled by 
chapter seventy-one, public laws of nineteen hundred and nine. 
R. S. c. 15, § 55. 

Any town may establish and maintain not exceeding two free 
high schools ; and in such case shall receive the same state aid 
as if the expenditures of both schools had been made for one. 
Two or more adjoining towns may unite in establishing and 
maintaining a free high school, and both shall receive the same 
state aid as if such school had been maintained by one town. 
Any town may, in addition to the sums raised for the support of 
high and common schools, raise and appropriate a sum for the 
payment of conveyance of pupils attending secondary schools, 
said sum to be expended under the direction of the superintend- 
ing school committee. Towns shall receive in trust and faith- 
fully expend gifts and bequests made to aid in the maintenance 
of free high schools, and shall receive aid in such cases to the 
same extent and on the same conditions as if such schools had 
been established and maintained by taxation ; and any town 
shall receive such state aid on any expenditure for a free high 
school or schools, made from the funds or proceeds of the real 
estate of an academy or incorporated institution of learning, sur- 
rendered or transferred to such town for educational purposes ; 
but if any part of the money so paid by the state, is expended 
for any other purpose than the support of such free high schools, 
as provided by this section, then each person so misapplying 
said money forfeits double the sum so misapplied, to be recovered 
in an action of debt, in the name and to the use of the town, by 
any inhabitant thereof ; and no town shall receive further sup- 
port from the state for any free high school, until the amount so 
received, but misapplied, has been raised and expended for such 
free high schools by such town. R. S. c. 15, § 56. 

The inhabitants of any section of a town which fails or neg- 
lects to provide for the maintenance of free high schools, may 
organize a free high school precinct in the manner hereinafter 
provided, and may establish and maintain a free high school 
therein, and receive state aid the same as the town might have 
done ; provided, that no more than two such free high schools 
shall be established in any town, and that the amount of aid 
extended to the precincts in any town shall not exceed the sum 
that the town might have received. On petition of any live 
voters resident in said section, reciting the limits of the precinct 



446 EDUCATION OF YOUTH. 

proposed, the municipal officers of the town shall call a meeting 
of the voters within said limits by causing notices, specifying the 
time, place and purposes of said meeting, to be posted in two or 
more conspicuous places within said limits seven days before the 
time appointed. Said meeting shall choose a moderator and a 
clerk who shall be sworn, and shall, by a majority vote of those 
present and voting, determine whether said precinct shall be 
organized. It shall choose an agent who shall be duly sworn. 
Such precinct may continue its organization from year to year 
by the holding of meetings called in the manner aforesaid, so 
long as the town shall neglect or refuse to support free high 
schools. Sections of adjoining towns may organize as herein 
provided, and unite in the support of such schools. But no 
more than two such precincts shall exist at the same time in any 
town. R. S. c. 15, § 57. 

Any town, precinct or union of towns or precincts, voting to 
establish a free high school as herein provided, may locate the 
same permanently, or vote that the terms thereof be held alter- 
nately in such places within the town or towns, precinct or pre- 
cincts, as may be selected, and as may accept said school. The 
town or precinct, in which said school is thus held, shall supply 
appropriate equipments, and furnish and warm a suitable build- 
ing for the same ; provided that any schoolhouse within such 
town or precinct may be used for such free high school, when 
not required for ordinary school purposes. R. S. c. 15, § 58. 

The course of study in the free high schools, shall embrace 
the ordinary English academic studies which are taught in 
secondary schools, especially the natural sciences in their appli- 
cation to mechanics, manufactures and agriculture ; but the 
ancient or modern languages and music shall not be taught 
therein except by direction of the superintending school com- 
mittees having supervision thereof. Such schools, when estab- 
lished by any town or union of the towns, shall be free to all 
the youth in such town or towns who have such scholastic 
attainments as will fit them to attend such schools with profit, 
and the superintendent, or superintending school committee, 
having supervision thereof shall make such examination of 
candidates for admission to said schools as they consider neces- 
ary. R. S. c. 15, § 59. 

When such school is established by any precinct or union of 
precincts, it shall be free in the same manner to the scholars 
within such precincts, and open also to scholars passing the 



EDUCATION OF YOUTH. 447 

required examination from without such precincts, but within 
the towns in which said precincts are situated, on payment to 
the agent of the precinct in which such school is located, of 
such tuition, to be fixed by the superintending school com- 
mittee or committees having supervision of the same, as is 
equivalent to the cost a scholar of maintaining school, after 
deducting the aid extended by the state. Whenever in the 
judgment of the superintending school committees having the 
supervision of any free high school or schools, the number of 
pupils in the same may be increased without detriment, scholars 
from without the towns directly interested in such school or 
schools, may be admitted to the same on passing the required 
examination and paying such tuition as may be fixed by such 
committee, to the treasurer of the town in which the school is 
kept, when the school is maintained by a town or union of 
towns, or to the agent of the precinct in which the school is 
kept, when such school is maintained by a precinct or union of 
precincts. lb. 

Free high schools, established and maintained under the fore- 
going provisions, are subject to the laws relating to common 
schools, so far as applicable, except as otherwise provided. 
When established and maintained by a town, they shall be 
under the supervision and entire management of the superin- 
tending school committee of such town. When established and 
maintained by a union of towns, such school shall be under the 
supervision and entire management of the school committees of 
such towns, who constitute a joint board for that purpose. 
When established and maintained by any precinct, such school 
shall be under the supervision of the superintending committee 
of such town, or of the state superintendent, when the precinct 
so elects, and under the financial management of the agent of 
the precinct, who, in connection with said committee or superin- 
tendent, shall employ teachers for the same. When established 
and maintained by precincts composed of sections of adjoining 
towns, such school shall be under the supervision of the superin- 
tending school committee of such towns, who constitute a joint 
board for that purpose, and under the financial management of 
the agents of both precincts, who, in connection with said com- 
mittees, shall employ the teachers. R. S. c. 15, § 60. 

Towns and precincts may raise money for establishing and 
maintaining free high schools, and erecting buildings and pro- 
viding equipments for the same, in the same manner as for 



448 EDUCATION OF YOUTH. 

supporting common schools and erecting schoolhouses. R. S. c- 
15, § 61. 

Any town which does not maintain a free high school of 
standard grade may from year to year authorize its superintend- 
ing school committee to contract with and pay the trustees of 
any academy in said town, or with the school board of any 
adjoining town for the tuition of scholars within such town in 
the studies contemplated by the seven preceding sections, 
under a standard of scholarship to be approved by such com- 
mittee ; and when such contract has been made with the 
trustees of any academy the school committee with an equal 
number from the board of trustees of such academy shall form 
a joint committee for the selection of all teachers and the 
arranging of the course of study in such academy, when such 
academy has less than ten thousand dollars endowment and the 
expenditure of any town for tuition in such academy, or in such 
free high school, shall be subject to the same conditions and 
shall entitle such town to the same state aid as if it had made 
such expenditure for a free high school. R. S. c. 15, § 62. 

Any youth who resides with a parent or guardian in any 
town which does not support and maintain a free high school 
giving at least one four years' course properly equipped and 
teaching such subjects as are taught in secondary schools of 
standard grade in this state may attend any school in the state 
which does have such a four years' course and to which he may 
gain entrance by permission of those having charge thereof,, 
provided said youth shall attend a school or schools of standard 
grade which are approved by the state superintendent of public 
schools, and provided also the said youth shall have satis- 
factorily passed an examination conducted by the superin- 
tendent of schools of the town in which he has residence, papers 
for said examination having been procured from the state super- 
intendent of public schools. In such case the tuition of such 
youth, not to exceed thirty dollars annually for any one youth,, 
shall be paid by the town in which he resides as aforesaid, as 
long as such youth maintains good standing in such school, and 
said tuition so paid shall be made a part of the high school fund 
of the town receiving the same ; and towns shall raise annually,, 
as other school moneys are raised, a sum sufficient to pay such 
tuition charges. R. S. c. 15, § 63. 

When any town shall have been required to pay and has paid 
tuition as aforesaid the superintending school committee of such 



EDUCATION OF YOUTH. 449 

town shall make a return under oath to the state superintendent 
of public schools before the first day of September for the pre- 
ceding school year, stating the name of each youth for whom 
tuition has been paid, the amount paid for each, and the name 
and location of the school which each has attended and there- 
upon shall be paid, annually in the month of December, from 
the state treasury out of the appropriation for the support of 
free high school, to each town paying tuition and making return 
as aforesaid, a sum equal to two-thirds of the amount thus paid 
by such town not exceeding five hundred dollars. R. S. c. 15, 
§64. 

Superintendents shall, annually, before the first day of July, 
make returns under oath to the state superintendent, on blanks 
prepared and sent out by him, of the amount appropriated and 
the amount expended by each town or precinct for instruction 
in such free high schools during the current year ; also of the 
amount appropriated and the amount expended for common 
school purposes by each town maintaining the same ; the num- 
ber of weeks during which such schools have been taught ; the 
wages paid each teacher ; the number of pupils registered ; the 
average attendance; the number of pupils in each branch of 
study pursued, and the amount received for tuition. If the 
state superintendent is satisfied that the provisions of sections 
fifty-five to sixty-two have been complied with, he shall certify 
to the governor and council the sum which each town or pre- 
cinct is entitled to receive from the state. Any town or precinct, 
dissatisfied with his decision, may appeal to the governor and 
council and the governor and council shall issue a certificate to 
the treasurer of the town or agent of the precinct, for such 
amount as they adjudge such town or precinct entitled to receive 
from the state treasury. Any person connected with the man- 
agement of such free high schools, either as teacher, agent or 
superintendent, who in any way aids or abets in defrauding the 
state into the payment in support of said schools of more than 
is contemplated by this chapter, shall forfeit not less than five 
hundred dollars, or be imprisoned in the county jail not less 
than one year. R. S. c. 15, § 65. 

When a free high school precinct votes to raise money for 
establishing and maintaining a free high school, its clerk shall 
forthwith, or within the time prescribed by the precinct, certify 
the amount thereof to the assessors of the town, and the time 
when it must be raised ; and within sixty days after receiving 

29 



450 EDUCATION OF YOUTH. 

such certificate they shall assess it as they do town taxes, on the 
polls and estates of the residents and owners in the precinct at 
the time of raising said money, whether wholly in their town or 
not, and on the non-resident real estate in the precinct. They 
shall then make their warrant in due form of law, directed to any 
collector of their town if any, if not to a constable, requiring him 
to levy and collect such tax and pay it to the town treasurer 
within the time limited in the warrant; and they shall give a 
certificate of the assessment to such treasurer, and may abate 
such taxes as in the case of town taxes. R. S. c. 15, § 66. 

The assessors may include in their assessment such sum over 
and above the sum committed to them to assess, not exceeding 
five per cent, thereof, as a fractional division renders necessary, 
and certify that fact to the town treasurer. R. S. c. 15, § 67. 

The town treasurer shall pay the expense of assessing and col- 
lecting any free high school precinct tax out of the money of 
the precinct, upon the order of the selectmen. R. S. c. 15, § 68. 

Section thirty-one of chapter ten, and all other sections relat- 
ing to the same subject apply to taxes assessed by or for free 
high school precincts, so far as applicable ; but the precinct and 
not the town is liable. R. S. c. 15, § 69. 

The collector or constable, and the town treasurer, or treasurer 
and collector, if one person is both, each have the same powers 
and are subject to the same duties and obligations in relation to 
free high school precinct taxes, as to town taxes ; and they and 
the assessors shall be allowed by the precinct for their services, a 
compensation proportionate to what they receive from the town 
for similar services. R. S. c. 15, § 70. 

The money so raised and paid shall be at the disposal of the 
precinct agent, to be by him expended as provided in section 
sixty. R. S. c. 15, § 71. 

The trustees of any academy or other corporation formed for 
educational purposes may by a majority vote of such of said 
trustees as reside in the state, surrender the whole, or any part 
of the property belonging thereto, to the municipal officers of 
any town, or the trustees of any school fund in any town in 
which said academy or corporation is situated, for turning the 
same into a free high school as hereinafter provided, and said 
municipal officers or trustees, for the time being, shall be a. board 
of trustees to take and hold said property for maintaining a free 
high school; and upon receiving said property, they shall use 



EDUCATION OF YOUTH. 451 

proper diligence to make the same produce income for the sup- 
port of said free high school. R. S. c. 15, § 72. 

When such vote is so passed, the treasurer of said trustees 
shall convey, assign and deliver to the municipal officers of said 
town, or the trustees of such fund, all property belonging to said 
academy or corporation for the purposes indicated by the preced- 
ing section. R. S. c. 15, § 73. 

The municipality accepting the property in trust, as named in 
section seventy-two, shall apply the income thereof towards the 
support of a free high school, to be kept within said municipality, 
at least twenty-two weeks in each year, and provide suitable 
accommodations for the same, and the superintending school 
committee in said municipality shall determine the qualifications 
necessary to entitle any applicant to enter or attend said free 
high school, and no one shall attend it without certificate of said 
officers to that effect. R. S. c. 15, § 74. 

All scholars residing within the municipality aforesaid, having 
such certificate, may attend said school without tuition fee, and 
all scholars not residents of said municipality, may attend said 
school upon such terms and conditions as said superintending 
school committee may impose. R. S. c. 15, § 75. 

Whenever it shall be made to appear to the governor and 
council, from returns made as herein provided, that any incorpo- 
rated academy in the state is prepared to give instruction equiv- 
alent to that required by law to be given in free high schools, 
that the pupils attending the said academy, are qualified to 
receive such instruction, and that the teachers in the said acad- 
emy have the qualifications fitting them to give instruction in 
secondary school studies, such academy shall be entitled to 
receive annually from the state a sum not exceeding five hun- 
dred dollars in case it maintains an English secondary school 
course of study as prescribed by the state superintendent of 
public schools, or a sum not exceeding seven hundred and fifty 
dollars in case it maintains in addition to an English course, a 
college preparatory course, or a sum not exceeding one thousand 
dollars in case it maintains an English course, a college prepara- 
tory course and a training course for teachers, provided the 
courses of study herein named shall be subject to the approval 
of the state superintendent of public schools, and provided, that 
the amount paid by the state to any academy under this section 
shall be expended by the said academy for instruction during 
the year for which payment is made, and shall not exceed the 



452 EDUCATION OF YOUTH. 

total income of the said academy from all other sources ; and 
provided further, that in addition to the amount received from 
the state, a sum equal thereto shall be expended for instruction 
and maintenance of the academy during said year; and provided 
further, that every academy receiving money from the state 
under this section shall provide instruction as contemplated by 
this section for not less than thirty weeks in each year; and 
provided further, that no academy shall be credited with main- 
taining a course of study under this section unless the said acad- 
emy shall have an average of not less than twelve students in 
said course. R. S. c. 15, § 76. 

The governor and council may draw warrants on the treasurer 
of state for the payment annually to the legal representatives of 
such academies, as shall be entitled to receive money from the 
state under the preceding section, at the times and in the manner 
provided by law for the payment of money in aid of free high 
schools, the amounts to which they shall be severally entitled 
thereunder; provided, that no payment shall be made to any 
academy until the state superintendent of public schools shall 
have certified to the governor and council all the facts which by 
law are made necessary to entitle an academy to receive money 
from the state under the preceding section. R. S. c. 15, § 77. 

Any town providing free tuition for its high school scholars 
in any academy, shall receive state aid to the amount of one-half 
the sum expended for such instruction, provided, no town shall 
receive more than two hundred and fifty dollars in any given 
year ; and provided further, that no town shall receive state aid 
under this section if a free high school of standard grade is 
maintained in said town. R. S. c. 15, § 78. 

No academy shall receive state aid under section seventy-six 
unless incorporated prior to May one, nineteen hundred and 
seven. R. S. c. 15, § 79. 

No academy shall receive state aid under section seventy-six 
unless the average attendance in said academy for the year pre- 
ceding or for five years next preceding shall exceed thirty 
students, and no academy shall receive to exceed five hundred 
dollars unless the average attendance in said academy for the 
year preceding shall exceed sixty students. R. S. c. 15, § 80. 

No academy shall receive state aid under section seventy-six 
if said academy has an annual income from invested funds 
exceeding sixteen hundred dollars, and no academy shall receive 
state aid to exceed five hundred dollars in any given year pro- 



EDUCATION OF YOUTH. 453 

vided the said academy has an annual income from . invested 
funds exceeding one thousand dollars. See also chapter one 
hundred and two, public laws of nineteen hundred and nine, an 
act to encourage the teaching of manual training, domestic sci- 
ence and agriculture, post. R. S. c. 15, § 81. 

Every educational institution receiving state aid, and the 
officers and teachers of every academy receiving money from the 
state under the six preceding sections, shall annually, on or 
before the first day of January, report to the state superintend- 
ent of public schools the total and average attendance, an 
itemized account of all the moneys received and expended dur- 
ing the preceding year, the number of instructors, number and 
length of terms, with attendance for each, and answer such other 
questions as he shall require, and shall make such further report 
to him as he may from time to time require. Such reports shall 
be published in the annual report of the state superintendent of 
public schools. Every such educational institution failing to 
comply with the above requirements shall forfeit whatever aid 
or assistance it would otherwise receive from the state. Where- 
ever in sections seventy-six to eighty-two inclusive, the word 
"academy" occurs, it shall be construed to include "seminary or 
institute." R. S. c. 15, § 82. 

Any incorporated academy in the state maintaining a course 
in manual training, domestic science or agriculture, approved by 
the state superintendent of schools, shall be entitled to receive 
annually from the state, in addition to the state aid, if any, now 
provided by law, and to be paid in the same manner, a sum 
equal to the amount expended by said academy for instruction 
in such course, not exceeding two hundred and fifty dollars for 
each of said courses. P. L. 1909 c. 102, § 1. 

Chapter seventy-eight of the public laws of one thousand nine 
hundred and seven is hereby repealed. P. L. 1909 c. 102, § 2. 

No school shall be regarded as a high school within the mean- 
ing of any of the provisions of chapter fifteen of the revised stat- 
utes unless such school shall be included in the following- 
classes : 

Class A. This class shall include such schools as maintain at 
least one approved course of study through four years of thirty- 
six weeks each and of standard grade, together with approved 
laboratory equipment, and shall employ at least two teachers, 
provided the town, precinct or union maintaining such school 
shall appropriate and expend for instruction therein at least 



454 EDUCATION OF YOUTH. 

eight hundred and fifty dollars annually exclusive of all tuition 
received. 

Class B. This class shall include such schools as maintain 
one approved course of study through at least two years of 
thirty -six weeks and of standard grade together with approved 
equipment, provided the town, precinct or union maintaining 
such school shall appropriate and expend for instruction therein 
at least five hundred dollars annually exclusive of all tuitions 
received. 

Class C. This class shall include such schools as maintain at 
least one approved course of study through four years of thirty 
weeks each ; provided the town, precinct or union maintaining 
such school shall appropriate and expend for instruction therein 
at least four hundred and fifty dollars annually exclusive of all 
tuitions received. P. L. 1909 c. 71, § 1. 

A town, precinct or union maintaining a high school, as 
defined in section one of this act, shall be reimbursed by the 
state for two-thirds of the amount paid for instruction in such 
school ; but in no case shall more than five hundred dollars be 
paid by the state to a town, precinct or union in any one year. 
P. L. 1909 c. 71, § 2. 

A town, precinct or union maintaining a high school, as pro- 
vided in class A of section one of this act, shall not be obliged 
to pay tuition under section sixty-three and sixty-four of chapter 
fifteen. A town, precinct or union maintaining a high school, 
as provided in class B of section one shall not be obliged to pay 
tuition for any pupil until he has completed the first two years 
of the course of the class B school, and for only two years of 
subsequent work. A town, precinct or union maintaining a 
high school, as provided in class C of section one, shall be 
obliged to pay tuition for such portion of a four years' course as 
mav be determined by the state superintendent of public schools. 
P. L. 1909 c. 71, § 3. 

All schools of secondary grade receiving state aid shall be 
inspected annually under the direction of the state superintend- 
ent of public schools, and for this purpose he shall be author- 
ized to expend not to exceed two thousand dollars annually, 
which sum shall be paid from the state appropriation for the 
support of high schools ; and he shall determine what schools 
are included in the classification of section one of this act, what 
schools maintain the courses of study, what schools are entitled 



EDUCATION OF YOUTH. 455 

to state aid and what schools maintain approved courses for the 
reception of tuition scholars. P. L. 1909 c. 71, § 4. 

After this act takes effect all other state aid for high schools 
as provided by law shall cease. P. L. 1909 c. 71, § 5. 

State aid to free high schools under the provisions of chapter 
seven ty-one of the public laws of nineteen hundred and nine 
shall be payable annually in the month of December. P. L. 
1909 c. 196. 

Presidents of colleges are removable at the pleasure of the 
trustees and overseers, whose concurrence is necessary for their 
election. R. S. c. 15, § 83. 

No officer of a college shall receive as perquisites any fees for 
a diploma or medical degree conferred by such college, but such 
fees shall be paid into the college treasury. R. S. c. 15, § 84. 

Every teacher of a public school shall keep a register thereof, 
containing the names of all the scholars who enter the school, 
their ages, the dates of each scholar's entering and leaving, the 
number of days during which each attended, the length of the 
school, the teacher's wages, a list of text-books used, and all 
other facts required by the blank form furnished him ; such 
register shall at all times be open to the inspection of the school 
committee, and be returned to them at the close of the school. 
Teachers may be paid for their services at the close of each 
school month, but no teacher shall receive final payment for 
services for any term until the register herein described, properly 
filled, completed, and signed, is deposited with the school com- 
mittee, or with a person designated by them to receive it. R. S. 
c. 15, § 85. 

The presidents, professors and tutors of colleges, the precep- 
tors and teachers of academies, and all other instructors of youth, 
in public or private institutions, shall use their best endeavors 
to impress on the minds of the children and youth committed to 
their care and instruction, the principles of morality and justice, 
and a sacred regard for truth ; love of country, humanity and a 
universal benevolence ; sobriety, industry and frugality ; chastity, 
moderation and temperance ; and all other virtues which orna- 
ment human society ; and to lead those under their care, as their 
ages and capacity admit, into a particular understanding of the 
tendency of such virtues to preserve and perfect a republican 
constitution, secure the blessings of liberty, and to promote their 
future happiness; and the tendency of the opposite vices, to 
slavery, degradation and ruin ; all teachers in the public schools 



456 EDUCATION OF YOUTH. 

of the state shall devote not less than ten minutes of each week 
of the school term, to teaching to the children under their 
charge, the principles of kindness to birds and animals. R. S. 
c. 15, § 86. 

Whoever teaches a public school without first obtaining a 
certificate from the superintendent of schools of the town, for- 
feits not exceeding the sum contracted for his daily wages, for 
each day he so teaches, and is barred from receiving pay there- 
for; and no certificate shall be valid for more than one year, 
without the approval of the superintendent of schools annually 
indorsed thereon. R. S. c. 15, § 87. 

The following days shall be observed as school holidays, 
namely : New Year's day, January one ; Washington's birthday, 
February twenty-two ; Patriot's day, April nineteen ; Memorial 
day, May thirty; Independence day, July four; Labor day, 
first Monday in September ; Christmas day, December twenty- 
five ; Thanksgiving and Arbor days, as appointed by the gov- 
ernor and council. Provided, however, that Arbor day shall not 
be recognized as a school holiday, unless observed by teacher 
and pupils for the purpose for which it is designated by the 
governor and council. All teachers of public schools in the 
state may close their schools on the days above mentioned and 
draw pay the same as if their schools had been in session upon 
those days. When any one of the above named holidays falls 
upon a Sunday, the Monday following shall be observed as a 
school holiday, with all the privileges applying to any of the 
days above named. February twelve shall be observed by the 
teachers and pupils in all the public schools of the state as 
Lincoln day, some part of which day, as far as may be expedi- 
ent, shall be devoted to the study of the life and character of 
Abraham Lincoln. When Lincoln day falls on a Saturday or 
Sunday the observance of the same shall be as above stated on 
the following Monday. R. S. c. 15, § 88. 

Whenever not less than thirty of the teachers and school 
officers of any county shall have formed an association under 
rules of government approved by the state superintendent of 
public schools, for the purpose of mutual improvement in the 
science and art of teaching, and of creating popular interest in, 
and diffusing a knowledge of the best methods of improving 
our public school system, by the holding of conventions at least 
once every year under the supervision of the state superintend- 
ent, the state shall defray the necessary expenses attending the 



EDUCATION OF YOUTH. 457 

holding of such conventions, for which purpose the sum of one 
thousand dollars is hereby annually appropriated to be deducted 
and set aside therefor by the treasurer of state from the annual 
school fund of the state ; provided, hoivever, that no more than 
two such associations shall be formed in any county, and that 
the expenses as aforesaid of no more than two conventions of 
any such association in any year shall be defrayed by the state. 
R. S. c. 15, § 89. 

Teachers of public schools may suspend their schools for not 
more than two days in any year during the sessions of such con- 
ventions within their counties and also for not more than two 
days in any year during the sessions of any state teachers' con- 
vention approved by the state superintendent of public schools, 
unless otherwise directed in writing by the school officers, and 
attend said conventions without forfeiture of pay for the time of 
such attendance, provided they shall present to the officers 
employing them, certificates signed by the secretaries of such 
conventions and countersigned by the state superintendent of 
public schools, showing such attendance. R. S. c. 15, § 90. 

The governor and council may draw warrants on the treasurer 
of state for the payment of bills for the expenses provided for in 
section eighty-nine, when such bills shall have been approved by 
the state superintendent of public schools, provided, however, 
that no bills shall be so paid except those for advertising such 
conventions, and for services and actual traveling expenses of 
speakers and lecturers not residing in the counties in which such 
conventions are held. R. S. c. 15, § 91. 

Plantations have the same powers and liabilities as towns for 
electing superintending school committees, superintendents of 
schools, treasurers and collectors, and for raising, assessing and 
collecting school money, to be apportioned and expended as in 
towns. The assessors of plantations may take a census of the 
inhabitants thereof, at the expense of the plantation, and when 
so taken, the money raised therein for schools shall be upon the 
basis of such census and not upon the census of the state. 
R. S. c. 15, § 92. 

All moneys due plantations from the state treasury for school 
purposes, shall be paid to the treasurers of such plantations, 
under the same conditions as in case of towns, and the same 
shall be expended by such plantations, under the same restric- 
tions and limitations as are required of towns. R. S. c. 
15, § 93. 



458 EDUCATION OF YOUTH. 

Whenever in any unorganized township in the state there 
shall be two or more children between the ages of five and 
twenty-one years, the state superintendent of public schools 
shall cause an enumeration of said children to be made, and 
returned to him, and shall provide for the schooling of said 
children, either by establishing a school in the township, or by 
sending the children to schools in adjoining towns or planta- 
tions, or both, as shall by him be deemed expedient. In case 
any of said children are, by the state superintendent, sent to 
schools in adjoining towns or plantations, said children so sent 
shall have the same rights in such school as children resident in 
said town or plantation. Provided, however, that in case the 
interest on the reserve fund in any unorganized township 
together with the amount arising from the per capita tax called 
for in this section, is not sufficient to provide schooling for the 
children of said township for at least twenty-six weeks in a year 
the remainder of the expense shall be paid from the fund appro- 
priated by section ninety-seven. Provided, further, that no 
money shall be expended under this section for the benefit of 
any township until the inhabitants of said township shall have 
been assessed by the duly appointed agent therefor the sum of 
forty cents for each of said inhabitants resident therein on the 
first day of April, and said agent shall have made return of such 
assessment to the state superintendent of schools. See also- 
chapter sixty-two, public laws of nineteen hundred and nine, an 
act to extend the privileges of secondary instruction to youths 
resident in unorganized townships, post. R. S. c. 15, § 94. 

The state superintendent of public schools shall certify to the 
governor and council the number and residences of the children 
enumerated and schooled, as provided in the preceding section, 
together with the cost of schooling said children, and the gov- 
ernor and council shall direct the treasurer of state to pay the 
state superintendent of public schools so much of the interest on 
the reserved land fund of the township in which said children 
reside as, added to the amount received from the inhabitants 
of the township from the per capita tax, shall pay the expense of 
said school. The state superintendent of public schools shall 
pay to the treasurer of any town or plantation in which he may 
school any of said children, such amount for each scholar as 
shall be his proportional part of the cost of the school to which 
he is sent. R. S. c. 15, § 95. 

The state superintendent of public schools may appoint agents, 
for the several townships in which schools shall be established 



EDUCATION OF YOUTH. 459 

under section ninety-four, who shall, under the direction of the 
state superintendent, enumerate the pupils, assess and collect the 
per capita tax, employ the teacher and attend to all necessary 
details in connection with said schools ; for which work they 
shall be paid a sum not exceeding two dollars a day, when 
actually employed in this duty, and actual necessary traveling 
expenses. Said agents in the collection of the per capita tax 
aforesaid, shall have the same powers and may use the same 
methods as collectors of taxes in towns are authorized to exercise 
and use for the collecting of personal and poll taxes committed 
to them ; said agents may act as truant officers in their several 
townships, and may in their discretion compel the regular daily 
attendance at school of every child in their townships between 
the seventh and seventeenth anniversaries of his birth by arrest- 
ing and taking to school any child when absent therefrom, and 
any parent or guardian of any such child or children, willfully 
refusing to allow said children under his control to attend 
school, or opposing said agent in arresting and taking said chil- 
dren to school, may be prosecuted by said agent in the name of 
the state before the nearest trial justice, and if found guilty 
shall forfeit a sum not exceeding twenty dollars for the use of 
the schools in the township wherein said children are resident, 
or shall be imprisoned for not exceeding thirty days. The state 
superintendent may supply schoolbooks for the schools estab- 
lished under said sections under such conditions as to the pur- 
chase and care thereof as he may deem proper. R. S. c. 15, 
§96. 

For the purpose of carrying out the provisions of the three 
preceding sections, there is hereby appropriated the sum of 
fifteen thousand dollars annually, which sum shall be deducted 
and set aside therefor by the treasurer of state from the annual 
school funds of the state. R. S. c. 15, § 97. 

The governor with the advice and consent of the council 
shall appoint a state superintendent of public schools, who shall 
continue in office three years, or during the pleasure of the 
executive ; vacancies shall be filled by a new appointment for a 
like term. R. S. c. 15, § 98. 

An office shall be provided for him at the seat of government, 
where he shall preserve all school reports of this state and of 
other states which he may receive, the returns from the various 
towns, and institutions of learning and such books, apparatus, 
maps, charts, works on education, plans for school buildings. 



460 EDUCATION OF YOUTH. 

models, and other articles of interest to school officers and teach- 
ers as may be procured without expense to the state. R. S. c. 
15, § 99. 

In addition to the duties elsewhere specifically imposed on 
him his duties are as follows : 

First. To exercise a general supervision of all the public 
schools, and to advise and direct the town committees and 
superintendents in the discharge of their duties, by circular let- 
ters and personal conference, devoting all his time to the duties 
of his office. 

Second. To obtain information as to the school systems of 
other states and countries, and the condition and progress of 
public school education throughout the world ; to disseminate 
this information, with such practical hints upon the conduct of 
schools, improved systems of instruction, and the true theory of 
education as observation and investigation convince him to be 
important, by public addresses, circulars and articles prepared 
for the press, and by outlines, suggestions and directions con- 
cerning the management, discipline and methods employed in 
teaching, prepared for and distributed among the teachers of 
the schools and school officers of the state ; and to do all in his 
power to awaken and sustain an interest in education among the 
people, and to stimulate teachers to well-directed efforts in 
their work. 

Third. To take such measures as he deems necessary to 
secure the holding of a state educational convention once each 
year, with a view of bringing together the teachers, school com- 
mittees, school superintendents, and friends of education, for 
consultation with reference to the interest of public schools and 
the most approved method of instruction. 

Fourth. To encourage the formation of county teachers' asso- 
ciations, approve rules of government therefor, and to super- 
vise the conduct of conventions held by such associations. He 
shall also conduct summer training schools for teachers, when- 
ever provision is made by the legislature for holding such 
schools. See chapter one hundred and eighty-eight, resolves 
of nineteen hundred and one. 

Fifth. To prepare and cause to be printed and distributed 
such portions of the proceedings of state institutes or teachers' 
conventions as he deems important in the furtherance of educa- 
tion. 



EDUCATION OF YOUTH. 461 

Sixth. Biennially, as soon as practicable after the adjourn- 
ment of the legislature, to compile and distribute, in pamphlet 
form, to the municipal and school officers of the several towns, 
three thousand copies of the amended school laws of the state ; 
and to prepare and issue thus biennially, such circulars of infor- 
mation and advice to school officers, relating to new school 
enactments, as he shall deem necessary for the intelligent and 
effectual enforcement of such enactments. 

Seventh. To prescribe the studies to be taught in the com- 
mon schools, reserving to town committees the right to prescribe 
additional studies. 

Eighth. To furnish to the school officers of each town, proper 
blank books in which shall be kept complete and itemized 
records of all matters relating to moneys appropriated, received 
and expended for schools, which said books shall remain the 
property of the state. 

Ninth. To assume the control and management of all free 
public schools established and maintained by gifts or bequests, 
when said gifts or bequests are conditioned upon said state su- 
perintendent assuming such control and management; and he 
shall carry out the provisions upon which such gifts or bequests 
are conditioned, when said conditions are approved by the gov- 
ernor and council. 

Tenth. To perform all duties imposed upon him by any char- 
ter or charters granted by the legislature to educational institu- 
tions in the state. 

Eleventh. Annually, to report to the governor and council the 
result of his inquiries and investigations, and the facts obtained 
from the school returns, with such suggestions and recommenda- 
tions as in his judgment will best promote the improvement of 
public schools. R. S. c. 15, § 100. 

The state superintendent shall prepare and furnish to the 
town officers such blanks as he deems proper to secure the fiscal 
returns required in section twenty-eight. He shall return to the 
treasurer of state on the first day of July annually, a list of 
such towns as have made such fiscal returns ; and no school 
moneys shall be paid by the treasurer of state to any town, so 
long as it neglects to make such returns. R. S. c. 15, § 101. 

He shall prepare and print blank forms for all other returns 
required by law, or deemed by him necessary, and shall, on the 
first day of each March, forward to the superintendents of 



462 EDUCATION OF YOUTH. 

schools of the several towns, blanks for the annual school return, 
and registers for the school year commencing on the first day of 
April following. R. S. c. 15, § 102. 

He shall, on the first day of each June, notify the school com- 
mittee of any town whose returns were not received at his office 
in May, and shall, annually, ascertain on the first day of July 
the number of children between five and twenty-one years of 
age, in the towns from which returns are received, and furnish a 
list thereof to the treasurer of state. R. S. c. 15, § 103. 

He shall cause to be held, at such convenient times and places 
as he may from time to time designate, public examinations of 
candidates for the position of teacher in the public schools of the 
state. Such examinations shall test the professional as well as 
the scholastic abilities of the candidates, and shall be conducted 
by such persons and in such manner as he may from time to time 
designate. Due notice of the time, place and other conditions 
of the examinations shall be given in such public manner as he 
may determine. R. S. c. 15, § 104. 

A certificate of qualification shall be given to all candidates 
who pass satisfactory examinations in such branches as are 
required by law to be taught, and who in other respects fulfill 
the proper requirements. Such certificate shall be either proba- 
tionary or permanent and shall indicate the grade of schools 
which the person named is qualified to teach. R. S. c. 15, § 105. 

A list of approved candidates shall be kept in the office of the 
state superintendent, and copies of the same with such informa- 
tion as may be desired shall be sent to school committees and 
superintendents upon their request. R. S. c. 15, § 106. 

The certificates issued under the provisions of section one 
hundred and five shall be accepted by school committees and 
superintendents in lieu of the personal examination and certifi- 
cation required by section thirty-six. R. S. c. 15, § 107. 

A sum not exceeding five hundred dollars may be annually 
expended for the necessary and contingent expenses of carrying 
out the provisions of the four preceding sections. R. S. c. 15, 
§108. 

The northern normal school at Farmington, the eastern normal 
school at Castine, the western normal school at Gorham and 
Aroostook county normal school at Presque Isle, shall be con- 
ducted for the purposes and upon the principles herein set forth. 
See also chapter forty-four, public laws of nineteen hundred and 



EDUCATION OF YOUTH. 463 

nine, an act to establish an additional normal school to be located 
at Machias in the county of Washington, post. 

First. They shall be thoroughly devoted to the training of 
teachers for their professional labors. 

Second. The course of study shall include the common 
English branches in thorough reviews, and such of the higher 
branches as are especially adapted to prepare teachers to conduct 
the mental, moral and physical education of their pupils. 

Third. The art of school management, including the best 
methods of government and instruction, shall have a prominent 
place in the daily exercises of said schools. 

Fourth. Said schools, while teaching the fundamental truths 
of Christianity, and the great principles of morality, recognized 
by law, shall be free from all denominational teachings, and open 
to persons of different religious connections on terms of equality. 

Fifth. The principals of the normal schools and of all other 
schools in which normal departments are supported, wholly or in 
part, by the state, shall keep a register containing the names of 
all students entering such schools or departments, the date of 
entering and leaving, their ages, number of days' attendance, the 
length of the term, a list of text-books used, and all other infor- 
mation required in the blanks furnished by the state superin- 
tendent. Such register and blanks shall be returned to said 
superintendent by the first day of each December, and the infor- 
mation so furnished shall appear in his annual report, for the 
use of the legislature. R. S. c. 15, § 109. 

The course of study shall occupy two years with suitable 
vacations ; and with the terms of admission shall be arranged by 
said superintendent, subject to the approval of the governor and 
council. The trustees may arrange for a course of study, occu- 
pying three or four years, for such students as elect to pursue 
the same. R. S. c. 15, § 110. 

Any student who completes the course of study prescribed, 
and otherwise complies with the regulations of the school, shall 
receive a diploma certifying the same. R. S. c. 15, § 111. 

Applicants for admission shall be sixteen years of age if 
females, and seventeen if males, and shall signify their intention 
to become teachers and come under obligation to teach in this 
state for at least one year, and if they receive a diploma, two 
years after they have graduated ; on these conditions they shall 
be received without charge for tuition. R. S. c. 15, § 112. 



464 EDUCATION OF YOUTH. 

Said schools are under the direction of a board of nine trus- 
tees, seven of whom shall be appointed by the governor with the 
advice and consent of the council, for not more than three years 
under one appointment; and the governor and state superin- 
tendent of public schools are, by virtue of their office, members 
of the board. Said board has charge of the general interests of 
said schools ; shall see that the affairs thereof are conducted as 
required by law and by such by-laws as the board adopt ; employ 
teachers and lecturers for the same ; and, annually, on the first 
day of December lay before the governor and council, for the 
information of the legislature, a financial statement, furnishing 
an accurate detailed account of the receipts and expenditures for 
the school year preceding. R. S. c. 15, § 113. 

The trustees of state normal schools shall maintain for not 
less than eight months annually, the Madawaska Training School, 
at Fort Kent, for the purpose of training persons to teach in the 
common schools of Madawaska territory, so called, which school 
shall be under their control and direction, in the same manner 
and to the same extent as the other state normal schools. R. S. 
c. 15, § 114. 

For the support of the four normal schools and the Mada- 
waska Training School, the sum of sixty-two thousand five hun- 
dred dollars is appropriated for the year nineteen hundred and 
nine and the sum of sixty-five thousand dollars is annually 
appropriated thereafter, to be expended under the direction of 
said trustees, which sum the treasurer of state shall deduct for 
said purpose from any school money raised for the support of 
common schools. The governor and council may from time to 
time, as they think proper, draw warrants therefor on said treas- 
urer in favor of said trustees. R. S. c. 15, § 115. 

Upon the request of the parents or guardians, the governor 
may, with the approval of the council, send such blind children 
as he may deem fit subjects for education, for a term not exceed- 
ing ten years, and thereafter in the discretion of the governor 
and council, in the case of any pupil, to the Perkins Institute 
for the blind at South Boston, Massachusetts. In the exercise 
of the discretionary power conferred by this section, no distinc- 
tion shall be made on account of the wealth or poverty of the 
parents or guardians of such children. No such pupil shall be 
withdrawn from such institution except with the consent of the 
proper authorities thereof or of the governor ; and the sums nec- 
essary for the support and instruction of such pupils in such 
institution, including all traveling expenses of such pupils 



EDUCATION OF YOUTH. 465 

attending such institution shall be paid by the state ; provided, 
however, that nothing herein contained shall be held to prevent 
the voluntary payment of the whole or any part of such sums by 
the parents or guardians of such pupils. R. S. c. 15, § 116. 

Forfeitures under this chapter, not otherwise provided for, 
may be recovered by indictment, and shall be paid into the treas- 
ury of the town where they occurred, for the support of schools, 
therein, in addition to the amount required by law to be raised ; 
but the costs of prosecution shall be paid into the county treas- 
ury ; any town neglecting for one year, so to expend such money, 
forfeits an equal sum to any person suing therefor in an action 
of debt. R. S. c. 15, § 117. 

Whoever, whether a scholar or not, enters any schoolhouse or 
other place of instruction, during or out of school hours, while 
the teacher or any pupil is present, and willfully interrupts or 
disturbs the teacher or pupils by loud speaking, rude or indecent 
behavior, signs or gestures, or willfully interrupts a school by 
prowling about the building, making noises, throwing missiles at 
the schoolhouse, or in any way disturbing the school, forfeits 
not less than two, nor more than twenty dollars, to be recovered 
as aforesaid, or on complaint. R. S. c. 15, § 118. 

If a minor injures or aids in injuring any schoolhouse, out- 
buildings, utensils or appurtenances belonging thereto ; defaces 
the walls, benches, seats or other parts of said buildings by 
marks, cuts or otherwise, or injures or destroys any school prop- 
erty belonging to a town, such town by a truant officer thereof, 
may recover of his parent or guardian, in an action of debt, 
double the damage occasioned thereby. R. S. c. 15, § 119. 

Whoever defaces the walls, benches, seats, blackboards or 
other parts of any schoolhouse or outbuildings belonging thereto, 
by obscene pictures, language, marks or descriptions, shall be 
fined not exceeding ten dollars, on complaint made within one 
year. R. S. c. 15, § 120. 

If an innholder, confectioner, or keeper of a shop, boarding 
house, or livery stable, gives credit for food, drink or horse or 
carriage hire, to any pupil of a college or literary institution in 
violation of its rules he forfeits a sum equal to the amount so 
credited, whether it has been paid or not, to be recovered in an 
action of debt by the treasurer of such institution ; half to its 
use, and half to the town where it is located ; and no person 
shall be licensed by the municipal officers for any of said 

30 



466 EDUCATION OF YOUTH. 

employments, if it appears that within the preceding year he 
had given credit contrary to the provisions hereof. R. S. c. 
15, § 121. 

The treasurer of state shall keep a separate account of all 
moneys received from sales of lands appropriated for the sup- 
port of schools or from notes taken therefor, and of any other 
moneys appropriated for the same purpose ; and such sum shall 
constitute a permanent school fund, which may be put at inter- 
est as the legislature directs. A sum equal to six per cent of 
the amount of such fund, and one-half the sum received by the 
state from the tax on the franchises of savings banks, and one- 
half the sum assessed upon the deposits of trust and banking 
companies, shall be annually appropriated to the support of 
common schools, and distributed among the several towns 
according to the number of children therein between five and 
twenty-one years of age. R. S. c. 15, § 122. 

The treasurer shall, immediately after the first day of July, 
apportion to the towns all the state school funds for the year, 
according to the list of children furnished by the state superin- 
tendent of public schools, as provided in section one hundred 
and three. The number of scholars belonging to a town from 
which either the school committee or the municipal authorities 
have failed to make the returns required by law, shall be reck- 
oned by taking the number used as the basis of the last appor- 
tionment, and deducting all scholars set off to other towns, or 
incorporated into a new town within a year, and one-tenth of 
the remainder, and the residue shall be the basis of the new 
apportionment. Immediately after making the apportionment, 
the treasurer shall notify each town of its proportion ; which 
shall not be paid to any town until its returns, both common 
school and fiscal, are made to the state superintendent of public 
schools, nor so long as any state tax assessed upon such town 
remains unpaid. R. S. c. 15, § 123. 

A tax of one and one-half mills on a dollar shall annually be 
assessed upon all the property in the state according to the 
valuation thereof, and shall be known as the mill tax for the 
support of common schools. R. S. c. 15, § 124. See fourth 
section below. 

This tax shall be assessed and collected in the same manner 
as other state taxes, and be paid into the state treasury and 
designated as the school mill fund. R. S. c. 15, § 125. 



EDUCATION OF YOUTH. 467 

This fund shall be distributed by the treasurer of state on the 
first day of January, annually, to the several cities, towns and 
plantations according to the number of scholars therein, as the 
same shall appear from the official return made to the state 
superintendent of public schools for the preceding year. R. S. 
c. 15, § 126. 

All of the school mill fund not distributed or expended dur- 
ing the financial year, shall at its close be added to the perma- 
nent school fund. " R. S. c. 15, § 127. 

A tax of one and one-half mills on a dollar shall annually be 
assessed upon all of the property in the state according to the 
valuation thereof and shall be known as the tax for the support 
of the common schools. P. L. 1909 c. 177, § 1. 

This tax shall be assessed and collected in the same manner 
as other state taxes and shall be paid into the state treasury and 
designated as the common school fund. P. L. 1909 c. 177, § 2. 

One-third of this fund shall be distributed by the treasurer of 
state on the first day of January, annually, to the several cities, 
towns and plantations according to the number of scholars 
therein, as the same shall appear from the official returns made 
to the state superintendent of public schools for the preceding 
year and the remaining two-thirds of said fund shall be dis- 
tributed by the treasurer of state on the first day of January, 
annually, to the several cities, towns and plantations according 
to the valuation thereof as the same shall be fixed by the state 
assessors, for the preceding year. P. L. 1909 c. 177, § 3. 

All of the said fund not distributed or expended during the 
financial year, shall at its close, be added to the permanent 
school fund. P. L. 1909 c. 177, § 4. 

All moneys provided by towns, or apportioned by the state 
for the support of common schools, shall be expended for the 
maintenance of common schools, established and controlled by 
the towns by which said moneys are provided, or to which said 
moneys are apportioned. P. L. 1909 c. 177, § 5. 

Sums received by any city, town or plantation from the distri- 
bution provided by section three, shall be deemed to be raised 
by such city, town or plantation within the meaning of revised 
statutes, chapter fifteen, section thirteen, as amended. P. L. 
1909 c. 177, § 6. 

The passage of this act shall in no wise affect the provisions 
of sections one hundred twenty-four, one hundred twenty-five, 



468 EDUCATION OF YOUTH. 

one hundred twenty-six and one hundred twenty-seven of chap- 
ter fifteen of the revised statutes, or of section two of chapter 
one hundred and eleven of the public laws of nineteen hundred 
and seven. P. L. 1909 c. 177, § 7. 

The treasurer of state shall immediately after the first day of 
July, nineteen hundred and ten, and annually thereafter deduct 
the sum of twenty thousand dollars from the state school funds 
and the same shall be set aside and denominated the school 
equalization fund which shall be distributed in the manner here- 
inafter provided. P. L. 1909 c. 198, § 1. 

Every town which raises for the support of common schools 
four mills or more on its valuation as fixed by the state assessors 
shall receive the following year from the school equalization 
fund herein provided a sum equal to ten per cent of its appor- 
tionment of the state school funds for the preceding year. Such 
portion of the school equalization fund as any town may be 
entitled to receive shall be paid by the treasurer of state at the 
same time and in the same manner prescribed for the payment 
of state school funds. The state superintendent of public schools 
shall annually, on or before July first, file with the treasurer of 
state a list of towns entitled to receive the benefits of this act. 
The first apportionment under the provision of this act shall be 
made immediately after the first day of July, nineteen hundred 
and ten. P. L. 1909 c. 198, § 2. 

All of the school equalization fund not distributed nor 
expended during the financial year shall at its close be added to 
the permanent school fund. P. L. 1909 c. 198, § 3. 

The school committee of every city and town shall appoint 
one or more school physicians and shall assign one to the med- 
ical inspection of not over one thousand pupils of the public 
schools within its city or town, and shall provide them with all 
proper facilities for the performance of their duties as prescribed 
in this act, provided, however, the said committee has been so 
authorized by vote of town at regular town meeting or at a spe- 
cial town meeting called for that purpose. P. L. 1909 c. 73, § 1. 

Every school physician shall make a prompt examination and 
diagnosis of all children referred to him as hereinafter provided, 
and such further examination of teachers, janitors and school 
buildings as in his opinion the protection of the health of the 
pupils may require. P. L. 1909 c. 73, § 2. 

The pupils so examined by school physicians when treatment 
is necessary shall not be referred to the school physicians for 



EDUCATION OF YOUTH. 469 

such treatment except the school physician be the regular family 
physician of such pupil, but shall be referred to the regular 
family physician of such pupil through the parents or guardian. 
P. L. 1909 c. 73, § 3. 

The school committee shall cause to be referred to a school 
physician for examination and diagnosis every child returning to 
a school without a certificate from the board of health or family 
physician after absence on account of illness or from unknown 
cause ; and every child in the schools under its jurisdiction who 
shows signs of being in ill health or of suffering from infectious 
or contagious diseases, unless he is at once excluded from school 
by the teacher; except that in case of schools in remote and 
isolated situations, the school committee may make such other 
arrangements as may best carry out the purposes of this act. 
P. L. 1909 c. 73, § 4. 

The school committee shall cause notice of disease or defects, 
if any, from which any child is found to be suffering to be sent 
home to his parents or guardian. Whenever a child shows 
symptoms of small-pox, scarlet fever, measles, chicken pox, 
tuberculosis, diphtheria or influenza, tonsillitis, whooping cough, 
mumps, scabies or trachomo, he shall be sent home immediately 
or as soon as safe and proper conveyance can be found, and the 
board of health and superintendent of schools shall at once be 
notified. P. L. 1909 c. 73, § 5. 

The school committee of every city or town shall cause every 
child in the public schools to be separately and carefully tested 
and examined at least once in every school year to ascertain 
whether he is suffering from defective sight or hearing or from 
any other disability or defect tending to prevent his receiving 
the full benefit of his school work, or requiring a modification 
of the school work in order to prevent injury to the child or 
to secure the best educational results. Tests of sight and 
hearing shall be made by the teachers or by the school physi- 
cians. The committee shall cause notice of any defect or 
disability requiring treatment to be sent to the parent or guard- 
ian of the child, and shall require a physical record of each 
child, to be kept in such form as the state superintendent of 
public schools shall prescribe after consultation with the state 
board of health. P. L. 1909 c. 73, § 6. 

The state superintendent of public schools shall prescribe 
after consultation with the state board of health the directions 
for tests of sight and hearing, and shall prescribe and furnish to 



470 EDUCATION OF YOUTH. 

the school committees suitable rules of instruction, test cards, 
blanks, record books and other useful appliances for carrying 
out the purposes of this act. The state superintendent of 
public schools may expend during the year nineteen hundred 
and nine a sum not greater than five hundred dollars for the 
purpose of supplying the material required for this act. P. L. 
1909 c. 73, § 7. 

Expenses which a city or town may incur by virtue of the 
authority herein vested in the school committee shall not exceed 
the amount appropriated for that purpose in cities by the city 
council and in towns by a town meeting. The appropriation 
shall precede any expenditure of any indebtedness which may- 
be incurred under this act and the sum appropriated shall be 
deemed sufficient appropriation in the municipality where it is 
made. Such appropriation need not specify to what section of 
the act it shall apply and may be voted as a total appropria- 
tion to be applied in carrying out the purposes of this act. P. 
L. 1909 c. 73, § 8. 

The provisions of this act shall apply only to cities and towns 
having a population of less than forty thousand inhabitants. P. 
L. 1909 c. 73, § 9. 

The money arising from the sale of timber and grass, or from 
trespasses on reserved lands, paid into the treasury of the 
county in which the township is situated, or into the state treas- 
ury, constitutes funds for school purposes, of which the income 
only shall be expended and applied as is by law provided. R. 
S. o. 7, § 17. 

The forest commissioner shall take such measures as the state 
superintendent of public schools and the president of the Uni- 
versity of Maine may approve, for awakening an interest in 
behalf of forestry in the public schools, academies and colleges 
of the state and of imparting some degree of elementary instruc- 
tion upon this subject therein. R. S. c. 7, § 65. 

The Maine School for the Deaf is hereby established — to be 
devoted to the education and instruction of deaf and dumb 
children. S. L. 1897 c. 416, § 1. 

Said school shall be located at Portland, in the county of 
Cumberland, and the governor and council are hereby author- 
ized, on behalf of the state, to accept a conveyance from the 
city of Portland of the school lot, building and fixtures now 
used as a school for the deaf in said Portland, upon the condi- 
tion that the state shall hereafter assume the entire charge, 



EDUCATION OF YOUTH. 471 

responsibility and expense of maintaining said school. S. L. 
1897 c. 446, § 2. 

The government of said school is hereby vested in a board of 
five trustees, to be appointed by the governor, with the advice 
and consent of the council, to hold office for a term of five years, 
except, however, that the trustees first appointed shall hold 
office, one for one year, one for two years, one for three years, 
one for four years, and one for five years. S. L. 1897 c. 446, 

§ 3- 

The trustees shall have charge of the general interests of the 
school and see that its affairs are conducted in accordance with 
law and such by-laws as they may adopt ; they may adopt by- 
laws which shall be valid when sanctioned by the governor and 
council; they may employ a principal and such teachers and 
other employees as they may deem advisable and fix the com- 
pensation of the same, subject to the approval of the governor 
and council ; they may from time to time prescribe the system 
of education and course of study to be pursued in the school and 
shall be allowed for their services their actual expenses and two 
dollars a day when actually employed. S. L. ,1897 c. 446, 
§4. 

With the consent of its parent or guardian, the trustees may 
admit to said school, for a term not exceeding twelve years, any 
deaf or dumb child residing in this state and not less than five 
years of age, who shall not be withdrawn or discharged from 
said school, except with the consent of the trustees or the gov- 
ernor and council, and the sums necessary for the support and 
instruction of such children while attending said school, shall 
be paid by the state. S. L. 1897 c. 446, § 5. 

Deaf and dumb children residing in other states may, at the 
discretion of the trustees, be admittted to said school upon the 
payment by their parents or guardian of a reasonable compen- 
sation to be fixed by the trustees. S. L. 1897 c. 446, § 6. 

Resolved, That the sum of two thousand five hundred dollars 
be appropriated annually, from the state school fund, to defray 
the expenses of holding at least four summer training schools 
for teachers and for the purpose of preparing and distributing 
among the teachers of the schools and school officers of this 
state, outlines, suggestions and directions concerning the man- 
agement, discipline and methods employed in teaching, for the 
purpose of promoting improved systems of instruction ; said 
schools to be conducted by and said documents to be prepared 



472 EDUCATION OF YOUTH. 

and distributed under the direction of the state superintendent 
of public schools. The governor and council are hereby author- 
ized to draw their warrant from time to time for the expendi- 
ture of said sum, upon the presentation of bills properly 
avouched by said superintendent. Resolves 1901 c. 188. 

The state shall establish and maintain a school for the care 
and education of the idiotic and feeble minded six years of age 
and upward, which shall be known as the Maine School for 
Feeble Minded. All such feeble minded persons supported by 
towns in the state, who, in the judgment of the municipal officers 
of towns or state board of charities are capable of being bene- 
fited by school instruction, shall be committed to this institution. 
P. L. 1907 c. 44, as amended by P. L. 1909 c. 167, § 1. 

The governor shall, with the advice of the council, appoint 
five persons, all of whom shall be inhabitants of this state and 
one of that number shall be a female, to be trustees of such 
school. P. L. 1907 c. 44, as amended by P. L. 1909 c. 167, § 2. 

The trustees shall be appointed as follows : The first three to 
serve for two years, the other two for four years, and thereafter 
said trustees shall be appointed to serve for four years. lb. 

The said trustees shall have the general management and 
supervision of said school and one or more of said trustees shall 
visit said school as often as once each month, and said board of 
trustees shall annually on or before the first day of October of 
each year furnish a report to the governor and council contain- 
ing a history of the school for the year and a complete state- 
ment of all accounts, with all the funds, general and special, 
appropriated or belonging to said school with a detailed state- 
ment of disbursements. lb. 

All indigent and destitute persons in this state, who are 
proper subjects for said schools, and have no parents, kinsmen 
or guardian able to provide for them, may be admitted as state 
charges and all other persons in this state, who are proper sub- 
jects for said school when parents, kinsmen or guardian bound 
by the law to support such persons are able to pay, shall pay 
such sum for care, education and maintenance of such persons as 
the trustees shall determine, and such persons from other states 
having no such institution and similar schools may be received 
into such school when there is room for them without excluding 
state charges, at a cost to each person or those who are legally 
responsible for their maintenance at a cost of not less than three 



EDUCATION OF YOUTH. 473 

dollars and twenty -five cents per week. P. L. 1907 c. 44, as 
amended by P. L. 1909 c. 167, § 3. 

The governor shall be, ex-officio, a member of the board of 
trustees of said school and shall annually visit said school. 
P. L. 1907 c. 44, as amended by P. L. 1909 c. 167, § 4. 

Whenever it is made to appear, upon application to the judge 
of probate for any county and after due notice and a proper 
hearing, that any person resident in said county or any inmate 
of the Maine Industrial School for girls, the State School for 
Boys, the Bath Military and Naval Orphan Asylum or any per- 
son supported by any town, is a fit subject for the Maine School 
for Feeble Minded, such judge may commit such person to said 
school by an order of commitment directed to the trustees of 
said school for feeble minded accompanied by a certificate of two 
physicians who are graduates of some legally organized medical 
college and have practiced three years in this state, that such a 
person is a proper subject for said institution. Whenever, upon 
such application, there is occasion for the judge of probate to 
attend a hearing on days other than days fixed as the regular 
day for holding the probate court, said judge of probate shall be 
allowed five dollars per day for his services and expenses, which 
shall be paid by the county treasurer upon the certificate of the 
county commissioners. P. L. 1907 c. 44, as amended by P. L. 
1909 c. 167, § 5. 

Any order of committal under this act shall be subject to 
appeal in the same manner by the same persons and to the same 
extent that decrees of the judge of probate appointing guardians 
over persons alleged to be insane or incompetent or spendthrift, 
and no committal under this act shall bar habeas corpus proceed- 
ings, but the court upon habeas corpus proceedings may confirm 
the order of commitment whenever justice requires. Any 
inmate of the Maine School for the Feeble Minded may be dis- 
charged by any three of the trustees or by a justice of the 
supreme or superior court of the state whenever a further deten- 
tion in such school in their opinion is unnecessary, but any per- 
son so discharged who was under sentence of imprisonment at 
the time of his commitment, the period of which shall not have 
expired, shall be committed or remanded to prison for such 
unexpired time. P. L. 1907 c. 44, as amended bv P. L. 1909 
c. 167, § 6. 

Feeble minded persons shall be admitted to the institution in 
the following order : First, feeble minded persons who are now 



474 EDUCATION OF YOUTH. 

in public institutions supported entirely at public expense ; 
second, feeble minded persons in public institutions not sup- 
ported as aforesaid ; third, feeble minded persons who are not 
in any institution of the state, who have no parents, kinsmen 
or guardian able to provide for them, or who are committed by a 
judge of probate ; fourth, those residing within the state whose 
parents, kinsmen or guardian bound by law to support such per- 
sons are able to pay ; fifth, persons of other states whose parents, 
kinsmen or guardian are willing to pay. P. L. 1907 c. 44, as. 
amended by P. L. 1909 c. 167, § 7. 

The governor and council shall select and purchase a suitable 
site for said school and home and the board of trustees, as soon 
as appointed and organized, shall proceed as soon as practicable 
to erect thereon and properly furnish and equip suitable build- 
ings and structures to accomplish the objects set forth in this 
act. P. L. 1907 c. 44, as amended by P. L. 1909 c. 167, § 8. 

Said trustees shall have power to make all necessary rules and 
regulations as to admission to said institution and for the gov- 
ernment and control of said institution and its inmates, and to 
do everything necessary to properly care for and educate the 
feeble minded of the state. P. L. 1907 c. 44 as amended by 
P. L. 1909 c. 167, § 9. 

For all bills contracted by the governor and council as afore- 
said in purchasing a site the governor shall draw his warrant 
upon any money in the treasury to pay the same not otherwise 
appropriated, and all bills contracted by the trustees in erecting,, 
repairing and equipping suitable buildings and operating the 
institution shall each year be audited by the governor and coun- 
cil, and the governor shall draw his warrant upon any money in 
the treasury to pay the same not otherwise appropriated. lb. 

A sum of money not exceeding sixty thousand dollars shall 
be appropriated under this act to be used and expended for the 
purposes therein named within the next two years. P. L. 1907 
c. 44, as amended by P. L. 1909 c. 167, § 10. 

The trustees shall receive five dollars per day when employed 
and actual expenses. P. L. 1907 c. 44, as amended by P. L. 
1909 c. 167, § 11. 

All acts and parts of acts inconsistent with this act, are 
hereby repealed. P. L. 1907 c. 44, as amended by P. L. 1909 s 
c. 167, § 12. 

Whenever any school building, church, or other public build- 



EDUCATION OF YOUTH. 475 

ing is heated by a steam plant, located in, under or near such 
building, such steam plant shall be in charge of a person quali- 
fied as provided by this act. P. L. 1907 c. 82, § 1. 

The municipal officers of any town or city in which any of 
the buildings enumerated in the preceding section, heated by 
steam, are located, shall require the person or persons contem- 
plating taking charge of the steam plant for such purpose, to be 
first examined by them, and they shall require him to produce 
before them proof of his competency to have charge of such 
steam plants ; and unless the person so applying has been licensed 
as an engineer, or has had previous experience as a machinist, or 
as an engineer of a steam plant, he shall be required to satisfy 
said municipal officers that he possesses the requisite qualifica- 
tions and experience to assume charge of the particular plant 
which he desires permission to operate ; and if said municipal 
officers, after such examination, are satisfied that the applicant 
possesses the requisite qualifications for such work, and is of 
temperate habits, they, or the majority thereof, shall issue under 
their hands a certificate in the following form : 

State of Maine. 

City [or Town] of . 

This is to certify that having made application to the municipal offi- 
cers of the city [or town] of for permission to take charge of, and 

operate a steam plant located in said city [or town], [Jiere describe the nature 
of the steam plant of which the applicant is authorized to have charge, and its 
location] ; and having produced evidence of his competency to act in said 

capacity, we have issued to him this certificate as provided by chapter 

of the public laws, approved on the day of March, nineteen hundred 

and seven. 

P. L. 1907 c. 82, § 2. 

Said certificate when issued shall be filed in the office of the 
city or town clerk, and such clerk shall issue and deliver to said 
applicant a duly attested copy of such certificate, and the copy 
so issued shall be posted by the holder thereof, in a conspicuous 
place in or near the room in which the boiler to be operated is 
located. lb. 

It shall be unlawful for the municipal officers of any city or 
town to issue the certificate provided for by this act without 
receiving proof that the person to whom such certificate is issued 
has had experience in such work, and is in all respects qualified 
to discharge the duties referred to in the certificate granted, and 
is also of temperate habits. P. L. 1907 c. 82, § 8. 



476 EDUCATION OF YOUTH. 

Whenever the municipal officers of any town or city receive 
notice in writing, signed by ten or more of the residents thereof, 
stating that the person in charge of a steam plant located in, 
under, or near, any school building, church, or other public 
building situated in said city or town, and furnishing or supply- 
ing heat for such building, is incompetent for the discharge of 
such duties, or by reason of negligence, intemperance, or any 
other cause, ought not longer to remain in charge of such steam 
plant, it shall be the duty of said municipal officers to immedi- 
ately suspend temporarily the authority of such person to act in 
said capacity ; and until the investigation herein provided can, 
be made, shall cause a person qualified as provided by this act 
to be placed in charge of said steam plant ; and said municipal 
officers shall as soon thereafter as practicable, cause an investi- 
gation of such complaint to be made, and shall thereupon inquire 
into the habits and qualifications of the person so complained of, 
and if such person is, for any reason, found to be incompetent 
or unsuitable to longer remain in charge of said steam plant, 
said municipal officers shall immediately cause the certificate 
granted under the provisions of this act, to be revoked, and 
notice of such revocation shall be filed with the clerk of such 
city or town, and thereupon said municipal officers shall, if such 
plant is under their control, place a person qualified as herein 
provided, in charge thereof ; and if such steam plant is not in 
charge of such municipal officers, they shall give the person or 
corporation having the control of such steam plant, notice of 
their findings, and if such person or corporation having control 
of such steam plant, shall, after the receipt of such findings, 
neglect or refuse to cause said steam plant to be placed in charge 
of some person qualified under the provisions of this act, such 
person or corporation shall be subject to the penalties herein 
provided. P. L. 1907 c. 82, § 4. 

Every person violating any of the provisions of this act shall 
be subject to indictment, and upon conviction thereof shall be 
punished by a fine not exceeding fifty dollars, or imprisonment 
for a term not exceeding ninety days, or both, as the court in 
which such conviction is obtained, shall determine. P. L. 1907 
o. 82, § 5. 

This act shall take effect the first day of September in the 
year nineteen hundred and seven. P. L. 1907 c. 82, § 6. 

The governor, with the advice and consent of the council, shall 
appoint a state historian, who shall be a member of the Maine 



EDUCATION OF YOUTH. 477 

Historical Society and whose duty it shall be to compile historical 
data of the State of Maine and encourage the teaching of the 
same in the public schools. It shall also be his duty to encourage 
the compiling and publishing of town histories, combined with 
local geography. It shall further be his duty to examine, and 
when he decides that the material is suitable, approve histories 
of towns compiled as provided in section two of this act. P. L. 
1907 c. 88, § 1. 

Whenever any town shall present to the state historian material 
which he considers suitable for publication as a history of the 
town presenting the same, then he may approve of the publica- 
tion of a history with the local geography which will be suitable 
for the use in the grammar and high school grades of the public 
schools. P. L. 1907 c. 88, § 2. 

Whenever material for a town history with local geography 
has been approved by the state historian, and the same has been 
published by the town, and provision has been made for its regu- 
lar use in the public schools of said town ; then the state treas- 
urer shall pay the town so publishing a sum not exceeding one 
hundred and fifty dollars, provided that the state shall not pay to 
any town, to exceed one-half the amount paid by said town for 
printing and binding said histories. P. L. 1907 c. 88, § 3. 

The superintending school committee, and the superintendent 
of schools, shall elect some citizen of the town to serve with 
them; and these persons shall constitute a board to compile a 
history and the local geography of the town in which they reside. 
Tavo or more towns may unite in compiling and publishing a 
history and the local geography of the towns forming the union. 
It shall be the duty of the superintendent of schools to forward 
two copies of said history to the Maine state library and notify 
the superintendent of public schools of the title of said history* 
P. L. 1907 c. 88, § 4. 

All the actual cash expenses of the said state historian incurred 
while in the discharge of his official duties shall be paid on the 
approval and order of the governor and council, and shall not 
exceed five hundred dollars per annum. P. L. 1907 c. 88, § 5. 

The state historian is authorized to expend, under the direc- 
tion of the governor and council, any portion of the amount 
appropriated by this act, in the publication of historical matter 
and data relating to the history of Maine. P. L. 1907 c. 88, 
§ 6. 



478 EDUCATION OF YOUTH. 

The marking of historical sites, as authorized by the legisla- 
ture, shall be under the direction of state historian. P. L. 1907 
c. 88, § 7. 

The salary of the state superintendent of schools is hereby 
established at twenty-five hundred per annum. He shall receive 
in addition his actual cash expenses incurred in the performance 
of his official duties which sum shall be paid out of the specific 
appropriation for that purpose. He shall employ a clerk, who 
may serve as his deputy, at a salary not to exceed fifteen hun- 
dred dollars annually, with necessary expenses when on official 
business within the state, and other clerical assistance at a cost 
not to exceed one thousand dollars annually. He shall perform 
his official duties at the office provided for him at the seat of 
government and not elsewhere, not meaning however, to pro- 
hibit him from making such necessary journeys and performing 
such duties as are necessary or incidental to the immediate 
object of such journe} 7 . P. L. 1907 c. 171, § 1. 

All acts and parts of acts inconsistent with this act are hereby 
repealed. P. L. 1907 c. 171, § 2. 

It shall be the duty of superintendents of schools to report to 
the municipal officers of cities, towns and plantations all schools 
within their jurisdiction without flags, and it shall be the duty 
of said municipal officers to furnish flags to all such schools, to 
be paid for by said municipalties. These flags are to be used in 
all schools for the education of the youth of our state, to teach 
them the cost, the object and principles of our government, the 
great sacrifices of our forefathers, the important part taken by 
the Union army in eighteen hundred sixty-one to eighteen hun- 
dred sixty-five, and to teach them to love, honor and respect the 
flag of our country that cost so much and is so dear to every 
true American citizen. P. L. 1907 c. 182. 

The flag to be know as the official flag of the State of Maine 
shall be of blue, same color as the blue field in the flag of the 
United States, and of the following dimensions and designs : to 
wit, the length, or height, of the staff, to be nine feet, including 
brass spear-head and ferule : the fly of said flag to be five feet 
six inches, and to be four feet four inches on the staff ; in the 
center of the flag there shall be embroidered in silk the same on 
both sides of the flag the coat of arms of the State of Maine, in 
proportionate size ; the edges to be trimmed with knotted fringe 
of yellow silk, two and one-half inches wide, a cord, with tassels, 
to be attached to the staff at the spear-head, to be eight feet six 



EDUCATION OF YOUTH. 479 

inches long and composed of white and blue silk strands. P. L. 
1909 c. 19, § 1. 

When a teacher becomes aware or suspects that any of the 
pupils attending his school are in a condition which renders 
them a source of offense or danger to the other pupils in school 
on account of filthiness, or because they are the bearers of ver- 
min or parasites, or have an infection or contagious disease of 
the skin, mouth or eyes, he shall notify the superintendent of 
schools, and when the superintendent of schools knows or learns 
that any of the pupils attending any school within his jurisdic- 
tion, are affected with any of the conditions, infections, or dis- 
eases herein mentioned, he shall notify the parents to cleanse the 
clothing and the bodies of the children and to furnish them with 
the required home or medical treatment, for the relief of their 
trouble, and the superintendent of schools may, when he deems 
it necessary, exclude such children from the schools temporarily 
or until they may be cured, cleansed and disinfected. P. L. 
1909 c. 31, § 1. 

Parents thus notified of the condition of their children shall 
forthwith have them and their clothing cleansed and shall 
promptly do what is necessary, or furnish them such medical 
treatment as may be required, to rid the children of vermin, 
parasites, or contagion ; and any parent who fails to do what is 
required so that the children may return to school with as little 
loss of time as is possible, shall be guilty of a misdemeanor and 
shall be liable to a fine not to exceed five dollars for the first 
offense, and not to exceed ten dollars for a second or subsequent 
offense. P. L. 1909 c. 31, § 2. 

Another normal school to be known as Washington State 
Normal School is hereby created and established upon such 
plans as the board of trustees for normal schools may direct. 
P. L. 1909 c. 44, § 1. 

Said normal school shall be located at Machias in the county 
of Washington, provided and upon condition that the inhabit- 
ants of said town of Machias, shall, within six months after the 
date of the approval of this act, to donate and cause to be con- 
veyed to the state for the purpose and use of such schools a lot 
of land not less than five acres in extent and whatever buildings 
stand thereon may be selected and approved by the said board 
of trustees for normal schools. P. L. 1909 c. 44, § 2. 

Said inhabitants of said town of Machias at a leofal meeting 
of said inhabitants called and held within six months, are hereby 



480 EDUCATION OF YOUTH. 

authorized and empowered by a majority vote of the legal vot- 
ers voting at said meeting to authorize and direct the selectmen 
of said town of Machias to purchase the lot and buildings 
so selected and approved by said board of trustees for normal 
schools, to donate said lot of land and buildings to said state 
for the use and purpose aforesaid, and to instruct and direct the 
said selectmen to make, execute and deliver for and in behalf of 
said inhabitants a proper deed conveying said lot of land and 
buildings to the state for the use and purposes aforesaid. Said 
deed shall be delivered to the board of trustees of normal schools 
who are hereby authorized and empowered to accept and receive 
the same for and in behalf of said state, and when so delivered 
it shall be conclusive evidence of the legality of the meeting of 
said inhabitants to be held as aforesaid and of the proceedings 
at such meeting ; and the title of said lot of land and buildings 
thereon, shall be forever vested in said state for the use" and 
purposes aforesaid, and when such conveyance and delivery of 
such deed are made, said trustees are authorized, instructed and 
directed to procure teachers and put in operation such school. 
The cost of maintenance of such school shall be deducted and 
paid from the public school fund. When so established, said 
school shall be under the direction of said board of trustees, be 
conducted for the purposes, and upon the principle of the other 
state normal schools, and be subject to all the laws of the state 
relating to the same. lb. 

For the purposes of this act the sum of twenty-five thousand 
dollars is hereby appropriated; such sum to be available only 
when said lot and building are donated to the state as provided 
in section two of this act. P. L. 1909 c. 44, § 3. 

So much of said sum of twenty-five thousand dollars as may 
be necessary shall be used by said trustees for repairing build- 
ings on said lot of land the balance to be used in erecting any 
other necessarv building or buildings on said lot. P. L. 1909 c. 
44, § 4. 

Any youth who resides with a parent or guardian in any 
unorganized township in which schools are regularly maintained 
may attend any secondary school in the state to which he may 
gain entrance by permission of those having charge thereof, pro- 
vided said school shall be of standard grade approved by the 
state superintendent of public schools. In such case the tuition 
of such youth not to exceed thirty dollars annually shall be paid 
by the state under such provisions and regulations as may be 



EDUCATION OF YOUTH. 481 

made by the state superintendent and approved by the governor 
and council. P. L. 1909, c. 62. 

No child under fourteen years of age shall be employed or 
allowed to work in or in connection with any manufacturing or 
mechanical establishment. It shall be unlawful for any person, 
firm or corporation to employ for wages or hire any child under 
fourteen years of age in any manufacturing, mechanical, mercan- 
tile or other business establishment, or in any telephone or tele- 
graph office ; or in the delivery and transmission of telephone or 
telegraph messages during the hours that the public schools of 
the town or city in which he resides are in session. Whoever, 
either for himself, or as superintendent, overseer or agent of 
another, employs or has in his employ any child in violation of 
the provisions of this section, and every parent or guardian who 
allows any child to be so employed shall be punished by a fine 
not less than one dollar nor exceeding fifty dollars for each 
offence. R. S. c. 40, § 52. 

No child over fourteen years of age and under sixteen years of 
age shall be employed or allowed to work in any manufacturing 
or mechanical establishment until he, or some one in his behalf, 
shall have produced and presented to the owner, superintendent, 
overseer or agent of such establishment, a certified copy of the 
town clerk's record of the birth of such child, or a certified copy 
of his baptismal record showing the date of his birth ; or his 
passport showing the date of his birth ; or an age and school- 
ing certificate duly issued to him as hereinafter provided. No 
such child between his fourteenth and fifteenth birthdays shall be 
employed or allowed to work in any manufacturing, mechanical, 
mercantile or other business establishment, or in any telephone 
or telegraph office ; or in the delivery and transmission of tele- 
phone or telegraph messages during the hours in which the pub- 
lic schools of the city or town in which he resides are in session, 
until he shall have produced and presented to the owner, super- 
intendent, overseer or agent of such establishment an age and 
schooling certificate duly issued to him as hereinafter provided. 
No such child between his fifteenth and sixteenth birthdays shall 
be employed or allowed to work in any manufacturing or mechan- 
ical establishment during the hours in which the public schools 
of the city or town in which he resides are in session, until he 
shall have produced and presented to the owner, superintendent, 
overseer or agent of such establishment an age and schooling 
certificate duly issued to him as hereinafter provided. The 

31 



482 EDUCATION OF YOUTH. 

employer shall keep on file such birth record, baptismal record, 
passport or age and schooling certificate in duplicate containing 
the name of such child, the name of his parents, guardian or 
custodian, and such data as may be required by the inspector of 
factories, workshops, mines and quarries. Blank employment 
certificates, in form approved by the attorney general, shall be 
furnished by the inspector of factories, workshops, mines and 
quarries. One of such certificates shall be delivered to such 
child and the other be immediately forwarded to the office of 
said inspector of factories, workshops, mines and quarries, to be 
kept on file by him. When such child leaves such employment, 
the employer shall return to such child the copy of the town 
record, baptismal record, passport or age and schooling certifi- 
cate furnished by him as aforesaid, and shall immediately notify 
said inspector that such child has left his employ. The inspector 
of factories, workshops, mines and quarries, or any of his assist- 
ants, may demand of any employer or corporation the names 
of all children under sixteen years of age in his employ in the 
several cities and towns of the state, and may require that the 
birth record, baptismal record, passport or age and schooling cer- 
tificate of such children shall be produced for his inspection, 
and the failure to produce the same shall be prima facie evidence 
that the employment of such child is illegal. Whoever, either 
for himself, or as superintendent, overseer or agent of another, 
employs or has in his employment any child in violation of the 
provisions of this section, and every parent or guardian who 
allows any child to be so employed shall be punished by a fine 
of not less than one nor more than fifty dollars for each offense. 
R. S. c. 40, § 53. 

Age and schooling certificates shall be issued by the superin- 
tendent of schools of the city or town in which the child resides, 
or some person designated and authorized in writing by the 
school committee, but no person shall issue such certificate to 
any minor then in or about to enter his employment, or the 
employment of a firm or corporation of which he is a member, 
stockholder, officer or employee. The person who issues the 
certificate in accordance with the provisions of this section is 
hereby empowered to administer the oath provided for therein, 
but no fee shall be charged therefor. R. S. c. 40, § 54. 

An age and schooling certificate shall not be issued until 
the child applying therefor, or some person in his behalf, shall 
furnish satisfactory evidence of the age of the child, which 
evidence shall be a certified copy of the town clerk's record of 



EDUCATION OF YOUTH. 483 

the birth of said child, or a certified copy of his baptismal 
record, showing the date of his birth, or a passport showing the 
date of his birth, or other document satisfactory to the superin- 
tendent of schools or the person authorized to issue such age 
and schooling certificates; nor until such child has demon- 
strated his ability to read at sight and write simple sentences in 
the English language, and perform simple arithmetical problems 
involving the fundamental processes of addition, subtraction, 
multiplication and division, such educational test to be prepared 
and furnished by the superintendent of schools or the school 
committee of each city and town in the state ; or has furnished 
a certificate to that effect signed by any teacher in any of the 
public schools of the city or town in which such child resides, or 
by the principal of any approved private school, or a certificate 
signed by the principal of any evening school in said city or 
town, to the effect that said child is a regular attendant of said 
evening school. R. S. c. 40, § 65. 

The form of the age and schooling certificate provided for in 
section fifty-three of this act shall be prepared and furnished to 
the superintendent of schools or the school committee of the 
cities and towns by the attorney general and shall be substan- 
tially as follows : 

Form of Age and Schooling Certificate. 

This certifies that I am the [father, mother, guardian or custodian] 

of [name of child], and that he [or she] was born at [name of city or 

town], in the state [or county] of on the day of in the year 

and that at his [or her] last birthday he [or she] was years old. 

City or town and date. 

, Signature of Parents. 

, Guardian or Custodian. 

Then personally appeared before me the above named [name of per- 
son signing], and having produced for my inspection the record [pass- 
port] of said child, made oath that the foregoing certificate by him [or her] 
signed is true to the best of his [or her] knowledge and belief. 

Having no sufficient reason to doubt that he [or she] is of the age therein 

certified, I hereby approve the foregoing certificate of [name of child]; 

whose signature, written in my presence, appears below ; whose height is 

feet and inches; complexion is [fair or dark]; hair is 

color. I hereby certify that he [or she] has satisfactorily demonstrated his 
[or her] ability to read at sight and to write legible simple sentences in the 
English language, and to employ the fundamental principles of arithmetic, 
according to the test supplied by the local superintendent of public schools; 
that he [or she] has presented us a certificate to that effect signed by the 



484 EDUCATION OF YOUTH. 

principal a teacher of some public school in said town, or that he [or she] 
has presented a certificate signed by the principal of an evening school in 
said town to the effect that he [or she], said child is a regular attendant in 
said evening school. 

This certificate belongs to [name of child], and is to be surrendered 

to him [or her] whenever he [or she] leaves the service of the employer 
holding the same, but if not claimed by said minor within thirty days from 
the time when he [or she] leaves such employment, it shall be returned to 
the superintendent of schools, or go to the person by whom it is issued. 

Signature of child. 

Signature of person authorized to issue and 
approve, with official character or authority. 
City or town and date. 

R. S. c. 40, § 55. 

Whoever, being authorized to sign the foregoing age and 
schooling certificate, or whoever signing any certified copy of 
a town clerk's record of births, or certified copy of a child's 
baptismal record, shall knowingly certify to any false statement 
therein, and any parent or guardian who presents, or who per- 
mits or allows any child under his control to present, to any 
employer, owner, superintendent, overseer or agent as required 
under section fifty-three, any certified copy of birth or baptismal 
record, or passport, or age and schooling certificate containing 
any false statements as to the date of birth or age of such child, 
knowing them to be false, shall be punished by a fine of not 
less than twenty-five dollars nor more than fifty dollars for each 
offense. R. S. c. 40, § 56. 

Sections fifty-seven, fifty-eight, fifty-nine, sixty, sixty-one and 
sixty-two of said chapter forty of the revised statutes are hereby 
renumbered respectively as sections fifty-eight, fifty-nine, sixty, 
sixty-one, sixty-two and sixty-three, so that said section fifty- 
seven shall hereafter be numbered section fifty-eight ; said 
section fifty-eight shall hereafter be numbered section fifty-nine ; 
said section fifty-nine shall hereafter be numbered section sixty ; 
section sixty shall hereafter be numbered section sixty-one ; 
section sixty-one shall hereafter be numbered section sixty-two ; 
and section sixty-two shall hereafter be numbered section sixty- 
three; and said chapter forty is further amended by inserting as 
section fifty-seven the following: 

Nothing in the preceding sections shall apply to any manu- 
facturing establishment or business, the materials and products 
of which are perishable and require immediate labor thereon, to 
prevent decay thereof or damage thereto. Provided, however, 



EDUCATION OF YOUTH. 485 

the employment of children therein shall be under the super- 
vision of said inspector who shall on complaint investigate the 
sanitary conditions, hours of labor and other conditions detri- 
mental to children, and if in his judgment he finds detrimental 
conditions to exist, he may in conjunction with the municipal 
officers of the town or city in which the complaint is made, 
prohibit the employment of children therein until such condi- 
tions are removed. P. L. 1909 c. 257, § 7. 

Form of Application Made to the Municipal Officers of the Town 
for the Calling of a Meeting to Form a Free High School 
Precinct. 

To the selectmen of the town of : 



You are hereby requested by the undersigned, legal voters of the town 

of , resident in the section of said town hereinafter described, to call a 

meeting of the voters resident within the following described limits, to wit: 
[here definitely describe the limits of the proposed precinct] ; to be held at 

[here name the place of meeting] on the day of , 19 — , at — 

o'clock in the , then and there to act upon the following articles : 

1. To choose a moderator to preside at said meeting. 

2. To choose a secretary for said meeting. 

3. To see if said voters will establish said described section as a free 
high school precinct. 

4. To choose an agent and clerk for said precinct. 

5. To provide and appropriate such sums as may be deemed necessary 
for the support of a free high school within said precinct for the ensuing 
year. 

6. To determine where said school shall be located or kept. 

7. To act upon any other business which may legally come before said 
meeting. 

Dated at said , the day of , 19—. 

Form of Notice for a Meeting on the Foregoing Application. 

To , one of the inhabitants of the following described section of the 

town of , viz : [Here recite the limits given in the foregoing appli- 
cation]. 

GREETING. 

Written application having been made to the undersigned, municipal 
officers of said town, by [here insert names of those signing applications], 
legal voters of said section, to call a meeting of the legal voters thereof at 
the time and place and for the purposes hereinafter named, you, the said 

, are hereby required in the name of the State of Maine, to notify and 

warn the inhabitants of said section of the town of qualified by law to 

vote in town affairs, to meet at the [here designate the place of meeting] in 



486 EDUCATION OF YOUTH. 

said section [here insert the time and purposes of the meeting as set forth in 
the application therefor]. 
Dated at , the day of , 19 — . 



Selectmen of 



Form of Return (or Certificate of Notice) on the Foregoing 
Warrant. 

Pursuant to the within warrant, to me directed, I have notified and 

warned the inhabitants of the within described section, in the town of , 

qualified as therein expressed, to assemble at the time and place and for 
the purposes therein expressed, by posting up an attested copy of said 

warrant at in said section, and at , being public and conspicuous 

places in said section, on the day of , being seven days before said 

meeting. 

Dated at , the day of , 19 — . 

Form of Certificate of Superintending School Committee of Dis- 
missal of a Teacher. 

The undersigned, superintending school committee of the town of , 

met at the schoolhouse in school No. [if schools are designated otherwise 

than by number, use such designation] in said town, on the day of , 

19 — , due notice of which time and place of meeting and the purposes 
thereof having been given to each member thereof and to the teacher in 
said district, and after careful and deliberate investigation, we do hereby 

certify that we deem the services of , now employed as a teacher in 

said district, [if schools are designated otherwise than by number, use such des- 
ignation] unprofitable to the school therein, and we accordingly dismiss said 
teacher for the reasons following, viz. : [Here insert the reasons of dismissal]. 

Dated at said , the day of , A. D. 19 — . 



Superintending School Committee of ■ 



Form of Certificate of Expulsion of a Scholar. 

The undersigned, superintending school committee of the town of , 

met at the schoolhouse in school No. [if schools are designated otherwise 

than by number, use such designation] in said town, on the day of , 

19 — , due notice of which time and place of meeting and the purposes 
.thereof having been given to each member of said committee, and after 

proper investigation of the behavior of , a scholar in the school therein 

kept, we have adjudged that the said is an obstinately disobedient and 

disorderly scholar, and that we deem it necessary for the peace and useful- 
ness of the school that he be removed therefrom, and we accordingly expel 
the said from said school. 

Dated at said , the day of , A. D. 19 — . 



Superintending School Committee of 



PARISHES AND INCORPORATION OF CHURCHES. 487 



CHAPTER LIL 



PARISHES AND INCORPORATION OF INDEPENDENT 
LOCAL CHURCHES. 

Any persons of lawful age, desirous of becoming an incorpo- 
rated parish or religious society, may apply to a justice of the 
peace, who shall issue his warrant to one of them, directing him 
to notify the other applicants to meet at some proper place 
expressed in such warrant; and he shall give notice of such 
meeting seven days at least before holding the same, by posting 
a notification thereof on the outer door of the meeting-house or 
place of public worship of such society, if any, otherwise at such 
place as the justice appoints. R. S. c. 16, § 1. 

Form of Application to a Justice. 

To A. B., Esquire, one of the justices of the peace in the county of : 



The subscribers, desirous of becoming an incorporated parish [or a reli- 
gious society, as the case may be] under the name of the society of the 

town of , request you to issue a warrant to one of said applicants hereby 

applying to you, directing him to call a meeting of said applicants, to be 

held at , in the town of , on the day of , at o'clock in 

the noon, for the following objects, to wit : [Here state the purposes of 

the intended meeting]. 

Dated at , this day of , A. D. 19—. 

E. Gr., and seven others. 

Form of Warrant to Call a Meeting. 

State of Maine. 



ss. 



To E. G., of — ; , in said county, 

GREETING. 

Whereas E. G. and other persons, associated to form an incorporated 

parish [or religious society] in the town of , under the name of , 

having applied to me , one of the justices of the peace in said county, 

requesting me to issue a warrant, directed to one of said applicants, direct- 
ing him to call a meeting of said persons, according to law, to act upon the 
following objects, to wit : [Here state the purpose of the meeting]. You are 
hereby directed to notify a meeting of said persons according to law, to be 



488 PARISHES AND INCORPORATION OF CHURCHES. 

held at , in said town, on the day of , at o'clock in the 

noon, for the purposes aforesaid. 

Given under my hand, at said , this day of , 19 — . 

A. B., Justice of the Peace. 

Form of Notification. 

Pursuant to the foregoing warrant to me directed, I hereby notify said 
persons to meet at the time and place, and for the purposes aforesaid. 

Dated at , this day of , 19 — . 

E. G. 
Form of Return of Notification. 

This certifies, that I posted up the aforesaid notification on the outer 
door of the meeting-house of said society [or state the place appointed by the 
justice], on the day of , and on the same day I posted a like notifi- 
cation at , in said town. E, G. 

Such persons so assembled may choose a clerk and other need- 
ful parish officers, and shall thereupon be a corporation, bear the 
name which they assume, and have all the powers of parishes 
and religious societies. R. S. c. 16, § 2. 

Every parish may take by gift or purchase any real or personal 
estate, until the clear annual income thereof amounts to three 
thousand dollars ; convey the same, and establish by-laws not 
repugnant to law. R. S. c. 16, § 3. 

The annual or other meetings of such parish may be called by 
its assessors, or clerk, to be held at the time when and place in 
the town where, they are usually held ; they shall be notified as 
prescribed in section one or in the manner agreed on by its vote ; 
and at such meeting, they may choose a clerk, who shall be 
sworn, two or more assessors, a collector, treasurer, standing 
committee and all other needful officers. The assessors shall 
manage the prudential concerns of the parish, when no other 
persons are appointed for that purpose, and shall be sworn. 
R. S. c. 16, § 4. 

The moderator of any meeting shall preserve order, manage 
the business, and administer the oath to the clerk and assessors. 
R. S. c. 16, § 5. 

When five members of any parish in writing request the 
assessors to call a meeting, or to insert any particular article in 
the warrant therefor, they shall do so. R. S. c. 16, § 6. 

If they unreasonably refuse, any justice of the peace on like 
application may issue his warrant to one of the applicants, who 
shall notify such meeting as prescribed in section one or as 
agreed on by parish vote. R. S. c. 16, § 7. 



PARISHES AND INCORPORATION OF CHURCHES. 489 

When there has been no meeting of such parish or society for 
three years, a meeting may be called as provided in section forty- 
three of chapter sixteen of the revised statutes. R. S. c. 16, § 8. 

Every parish, at a legal meeting, may raise money for the 
support of the public ministry of religion, for building, repairing, 
or removing houses of public worship and for other necessary 
parish charges ; and it may be assessed and collected like state 
taxes. R. S. c. 16, § 9. 

When a house of public worship belongs to a parish, or it and 
the fee of the land on which it stands, is vested in trustees for 
the use of a parish, such parish may assess any money raised as 
aforesaid, wholly or partly, on the pews or seats, whether owned 
by members of such parish or religious society or not ; and the 
owners may be present and vote in raising such money. R. S. 
c. 16, § 10. 

When taxes on pews and seats remain unpaid for six months 
after their assessment, the treasurer shall sell them at auction, 
first posting notice thereof at the principal outer door of such 
house of worship, three weeks before the time of sale, stating 
the numbers, if any, of the pews or seats and the amount of tax 
on each ; and shall execute and deliver a deed thereof to the 
purchaser, and pay to the owner the overplus, after deducting 
the amount of tax and incidental charges. R. S. c. 16, § 11. 

Whenever a parish or church raises its current expenses by 
assessment on its pews, any pew owner therein who shall not 
occupy his pew, either by himself or family, or rent the same, 
may give a written notice to the clerk of the parish or church, 
or to the parish committee or assessors, of his intention not to 
occupy said pew for one year following the next annual meeting 
of said parish or church, in which case said pew owner shall not 
be liable for any tax assessed on said pew during said year, 
neither shall he act and vote at said annual meeting unless he 
retains a pew for the occupancy of himself and family, and the 
parish or church may let said pew during said year and appro- 
priate the rent to the current expenses of the parish or church, 
and said parish or church shall not sell said pew for taxes 
assessed during that year. R. S. c. 16, § 12. 

A parish in the actual occupancy of a church, meeting-house, 
or other building used for religious purposes, may insure it 
against loss by fire. And in case of such loss, the company 
insuring shall not deny the occupancy of the parish, its legal 
existence, or its right to maintain an action on the policy. The 



490 PARISHES AND INCORPORATION OP CHURCHES. 

money so recovered, shall be held by the parish in trust for 
repairing or restoring the building, and shall be so applied, 
R. S. c. 16, § 13. 

A person of either sex, of lawful age, may become a member 
of a parish or religious society by vote thereof at a legal meeting. 
R. S. c. 16, § 14. 

Any such person, residing in a local parish holding funds 
derived from this state or Massachusetts, shall be deemed a mem- 
ber of it, until he dissolves the connection ; such person having 
resided in such parish one year, after he has arrived at majority, 
without either giving written notice to its clerk of his consent to 
be a member thereof, or paying a tax, or subscription according 
to the mode that said parish has adopted to raise money, shall be 
deemed to have thereby dissolved his connection therewith ; and 
said connection shall remain dissolved, and said person shall not 
be taxable until he renews the connection by giving written 
notice to its clerk of his consent to be a member of said parish ; 
any person residing in a local parish may become a member of 
such parish not deriving funds from the state, by giving written 
notice to its clerk of his intention to do so within one year after 
he is of age or removes thereto. R. S. c. 16, § 15. 

No such person shall be a member of a parish or religious 
society without his consent ; and any person may dissolve his 
connection therewith by leaving with its clerk a certificate of his 
intention to do so ; and all his liability for future expenses shall 
thereby cease ; but he may be taxed for money previously raised, 
except in case of removal from a local parish. R. S. c. 16, § 16. 

No such person shall vote in meetings of any territorial parish 
who is not the owner or occupant of a pew in its house of wor- 
ship, or a contributor to its support. R. S. c. 16, § 17. 

No territorial parish is hereby dissolved; and when one or 
more parishes are set off from a town, or incorporated therein, as 
aforesaid, the remainder is the first parish. R. S. c. 16, § 18. 

The church wardens of the Episcopal churches, the stewards or 
trustees of the Methodist Episcopal church, and the deacons of all 
Protestant churches, are so far corporations as to take, in success- 
sion, all grants and gifts of real and personal estate made to their 
churches, or to them and their successors ; and if the ministers, 
elders or vestrymen are joined with them in such grants or gifts, 
the two classes of officers shall be corporations for that purpose. 
For the purpose of organizing any such corporation, one or more 
members of said corporation may call a meeting thereof by a 



PARISHES AND INCORPORATION OF CHURCHES. 491 

notice posted upon the outer door of the meeting-house or place 
of public worship of their parish or society at least seven days 
before the time of holding such meeting ; or, if there is no such 
meeting-house or place of public worship, by a notice posted in 
two public and concicuous places in the town wherein said par- 
ish or society is located. At such meeting the corporation may 
organize, adopt a corporate name, and elect such officers as its 
by-laws shall prescribe. Said corporations shall have the powers 
granted to parishes by section three of this chapter, and may 
make such contracts in relation to such estate, its improvement 
or disposal, as they may be authorized under the rules of their 
church, or instructed by the church or society for which they 
hold such estate in trust, to make, which contracts may be 
enforced by or against them, as in other cases ; provided, how- 
ever, that no disposal of such estate shall be made, inconsistent 
with the terms of the grant by which it is held. R. S. c. 16, 
§19. 

The ministers of a parish or religious society, and the deacons, 
elders, trustees, stewards and other presiding officers of a reli- 
gious society or church having by its usages no settled minister, 
may take in succession any estate granted to the minister and his 
successors, or for the use of the ministry, or poor of the church ; 
and may prosecute and defend all suits respecting it ; but they 
shall not so take, while the clear annual income of prior grants 
is three thousand dollars. R. S. c. 16, § 20. 

No conveyance of such estate by a minister shall be valid 
longer than he is in the ministry ; or by such deacons or other 
officers, longer than they are in office, if made by them without 
consent of the church, or by church wardens without the consent 
of the vestry. R. S. c. 16, § 21. 

The records of a parish shall be open to the inspection of its 
members and to clerks of other parishes ; and each clerk shall 
furnish attested copies thereof, on request, for a reasonable com- 
pensation. R. S. c. 16, § 22. 

When a parish or religious society lawfully raises money by 
taxation, it may appoint its treasurer a collector of taxes, who 
shall have the same powers as a town treasurer who is collector ; 
and it may allow a similar discount on taxes paid within the time 
fixed by it at a legal meeting, and the treasurer shall give like 
public notice thereof ; and all other taxes shall be collected by 
him as town taxes are. When such treasurer and collector is 
qualified, the assessors shall deposit with him a list of the taxes 
with their warrant for their collection. R. S. c. 16, § 23. 



492 PARISHES AND INCORPORATION OF CHURCHES. 

The overseers of each monthly meeting of Quakers may take 
and hold, in succession, all grants of real, personal, or mixed 
estate made to them, for the use of their monthly meetings, the 
preparative meetings constituting them, or the poor thereof ; also 
all grants of real estate situated within the limits of their 
monthly meetings, and gifts of personal estate made by persons 
living within said limits, for the use of any of the quarterly 
meetings of said Quakers, to said overseers for their use, or to 
the poor thereof ; may convey and manage such estate according 
to the terms and conditions on which it was given ; and may sue 
in their own names for any right that has vested in any of the 
said grantees or donees ; provided, that the annual income thereof 
to one meeting for such uses does not exceed five thousand dol- 
lars. These powers may be enlarged, restrained, or repealed by 
the legislature. R. S. c. 16, § 24. 

Any independent local church now existing, or that may here- 
after be organized in this state, may be incorporated according to 
the provisions of this and the seven following sections. R. S. c. 
16, § 25. 

When three or more members of such church, who are voters 
according to section twenty-seven of this act, shall apply in writ- 
ing to any justice of the peace in the county for the purpose of 
incorporating said church, said justice shall issue his warrant 
addressed to one of said applicants, stating the time, place and 
purposes of the meeting and directing him to notify the members 
of said church, by posting a certified copy of said warrant in a 
conspicuous place near the main entrance to the usual place of 
meeting of such church and in one other public and conspicuous 
place in the same town, for seven days, at least prior to said 
meeting. R. S. c. 16, § 26. 

The resident members of such church twenty-one years of age 
and upward, shall be voters at such meeting and in all meetings 
of the corporation. Such voters, assembled at the time and 
place notified, shall elect a moderator to preside over said meet- 
ing. They shall then by ballot, proceed to vote upon the ques- 
tion whether the church will become incorporated hereunder. If 
two-thirds of the ballots cast shall be in favor of the church 
becoming incorporated, it shall thereupon become a body corpo- 
rate with all the powers, rights and duties incident to corpora- 
tions, with the right to take by gift, purchase, devise or bequest 
such personal and real property as may be useful for carrying on 
its local work, and may dispose of the same at pleasure, have 
perpetual succession, a corporate seal, and change the same at 
pleasure. R. S. c. 16, § 27. 



PARISHES AND INCORPORATION OF CHURCHES. 4iM 

They shall, by ballot, elect a clerk, treasurer, a business com- 
mittee of not less than three nor more than seven members who 
are voters, and such other officers as they may deem necessary. 
R. S. c. 16, § 28. 

Such church by its by-laws may prescribe the duties of the 
several officers and the manner of executing the same. When 
no provision is made by any vote or by-law of the church for call- 
ing meetings, they shall be called by the business committee by 
posting notices of the time, place and purposes of said meeting, 
in the same manner and for the same time as is prescribed in 
section thirty-six. And meetings shall also, in the same manner, 
be called by said committee, upon the written request of at least 
six members of the church qualified to vote. R. S. c. 16, § 29. 

Such church may by its by-laws extend to all persons not 
members of the church, who are twenty-one years of age and 
upward and who regularly contribute toward the expenses of the 
church, the right to attend and participate in the annual and 
special meetings of the church, when action is to be taken rela- 
tive to the use and appropriation of funds toward which they 
contributed or toward which they have pledged contributions, 
and meetings called for the purpose of obtaining or dismissing a 
pastor. R. S. c. 16, § 30. 

The deacons of such church or any other person or persons 
holding real or personal estate in trust for the use of such 
church, may convey such property to such incorporated church, 
and said church shall hold the same subject to the uses and 
trusts under which it was held by such deacons and other person 
or persons. R. S. c. 16, § 31. 

Any parish or religious society, connected with the church 
which becomes incorporated under the provisions hereof, may at 
a meeting duly warned and called for such purpose by a two- 
thirds vote, authorize one or more persons in its name and behalf 
to convey to such church any real or personal estate which it 
may hold for the use of such church, and such church shall 
thereafter hold such property to the same uses and trusts as 
when held by such parish or society. R. S. c. 16, § 32. 

Where any property in the state, dedicated and ordained for 
pious uses, has no proper or legal custodian, so that it is becom- 
ing wasted and the utility thereof is lost, the court may order 
the proper application and disposal of same. R. S. c. 16, § 33 ; 
also P. L. 1905 c. 162. 



494 MEETING-HOUSES. 



CHAPTER LIII. 



MEETING-HOUSES. 

When it is deemed expedient by any organized parish to 
become the owner of the pews in any meeting-house used by it 
as a place of regular worship, a meeting of the owners and 
occupants thereof may be called as provided in section six, (see 
parishes) and a majority of such pew owners and occupants may 
vote to convey the pews by them owned or occupied, to such 
parish. R. S. c. 16, § 34. 

Any owner or occupant of a pew in such meeting-house, who 
expresses his dissent from such vote, in writing, to the parish 
clerk within one month from such meeting, shall have his pew 
appraised as provided in section thirty-eight, and the appraised 
value shall be tendered to him, and he shall then deliver a deed 
of such pew to the parish. If such dissent is not expressed, 
said pew is forever forfeited to the parish. R. S. c. 16, § 35. 

Any persons, for the purpose of erecting a meeting-house, or 
the majority in interest of the owners of a meeting-house, not a 
parish, may incorporate themselves as parishes may ; and choose 
all officers and do all other acts that a parish may lawfully do. 
R. S. c. 16, § 36. 

A majority of the pew owners or proprietors of a meeting- 
house, present at a legal meeting called for that purpose, may 
repair, remodel, or sell and convey their house or the land used 
with it, or remove or rebuild it. Any meeting relating there to 
may be called as provided in section forty ; or by publishing 
the warrant in a newspaper printed in the county, at least four- 
teen days before the meeting. R. S. c. 16, § 37. 

Before such alteration or sale is made, an appraisal of the 
relative value of the pews shall be made by three discreet per- 
sons, under oath, to be elected by ballot at a legal meeting of 
said owners or proprietors. If a sale of said house and land is 
made, it may be private or public, as such meeting determines, 
and the proceeds shall be applied to pay the expenses of said 



MEETING-HOUSES. 495 

sale and the debts and just claims against the property ; and the 
balance shall be paid to the pew owners or proprietors, in pro- 
portion to their interests by the appraisal. If the meeting-house 
is altered or rebuilt, the appraisers, after the work is completed, 
shall assign pews to the former pew holders, to conform as 
nearly as practicable to those previously held by them ; and the 
other pews may be sold to defray the expenses of the repairs 
and alterations, or be otherwise disposed of as the proprietors or 
pew owners determine. They may choose officers, raise and 
assess taxes on the pews, collect them for making such repairs 
and alterations, do all things that a parish may do, and appoint 
some suitable agent or agents to make such sale and conveyance, 
or repairs and alterations, and a treasurer or trustees to receive 
and distribute the proceeds of sale in manner aforesaid. R. S. 
c. 16, § 38. 

When it is decided to repair, remodel or rebuild a meeting- 
house, any owner or proprietor dissenting from the action of the 
majority and declining to take an interest in the house as altered, 
may demand and receive of such majority the appraised value 
of his interest, after deducting his proportion of debts against 
the property, to be recovered in an action for money had and 
received ; which shall not be commenced until thirty days after 
such demand, nor after the lapse of a year after notice is 
posted for three successive weeks on the meeting-house door 
and some other conspicuous place in its precinct, stating the 
persons to whom the money is to be paid, the amount payable 
to each, and the time limited for payment. If said sums are not 
demanded within said time, they are forfeited to the majority 
for parish uses. But this section does not apply to any case 
where the repairs decided upon are only such as are necessary to 
keep such meeting-house in a tenantable condition. R. S. c. 
16, § 39. 

The owners of a meeting-house or building for public worship, 
and the pew owners, may be incorporated, when any three or 
more of them apply therefor to a justice of the peace, who shall 
issue his warrant to one of them, stating the time, place, and 
purpose of the meeting, and directing him to notify said owners 
by posting a certified copy of it for fourteen days on the princi- 
pal outer door of such building and in one or more other public 
places in the same town. R. S. c. 16, § 40. 

When so assembled, they may choose a moderator and clerk, 
who shall perform the usual duties of such officers ; and there- 



496 MEETING-HOUSES. 

upon said owners shall be a corporation, and be known by such 
name as they adopt, and they may agree on the mode of calling 
future meetings. R. S. c. 16, § 41. 

Such corporation, by a major vote of its members, may use 
and control the meeting-house or building for public worship 
partly or wholly owned by them, as they please ; but nothing in 
this and the two preceding sections shall affect the rights of own- 
ers of houses of worship, built by different religious denomina- 
tions. R. S. c. 16, § 42. 

When there has been no meeting of the incorporated pew 
owners, or proprietors or owners of a meeting-house, or building 
for public worship, for three years, a meeting may be called on 
application of three or more members thereof to a justice of the 
peace, who shall issue his warrant to one of them, stating the 
time, place and purposes of the meeting, directing him to notify 
such meeting by posting a certified copy of said warrant, three 
weeks before the time of meeting, on the principal outer door of 
such building, and in one or more public places in the same 
town, and publishing it in a newspaper published in the county > 
if any, otherwise in an adjoining county, or in the state paper. 
R. S. c. 16, § 43. 

When a house of public worship is owned by persons of dif- 
ferent denominations, and when an organized society, or its 
members, own five pews therein, one or more of the minority 
owning not less than five pews may apply to a justice of the 
peace, to obtain a division of the time of occupying the house ; 
and he shall call a meeting of the owners by posting a notice in 
a public place in or about the house, thirty days at least before 
the meeting, stating the time, place and object thereof. R. S. 
c. 16, § 44. 

At such meeting, the owners, who are not applicants, or if 
they refuse or neglect, the justice who called the meeting, may 
designate another justice, and the two may appoint a third dis- 
interested person, not an inhabitant of the town in wmich the 
house is located, or belonging to the denomination of either party 
interested; and the three shall be a board, before which the 
owners may exhibit the amount they own in the house ; the 
minority, owning at least five pews shall have their part allotted 
to them, as nearly as may be, in proportion to the amount that 
they own in the house ; and the board shall designate which 
weeks in each year, the minority, if they please, may occupy the 



MEETING-HOUSES. 497 

bouse : if they do not, the majority may occupy it. R. S. c. 16, 
§45. ' 

The board shall appraise the value of the minority's propor- 
tion of the house, make a record of their proceedings, and within 
ten days cause it to be transcribed into the records of such town. 
R. S. c. 16, § 46. 

All their reasonable expenses shall be paid by the persons 
who requested the division ; but the above provisions shall not 
affect any agreement now in force as to the mode of occupying 
such house. R. S. c. 16, § 47. 

The minority may occupy the house for their allotted time, 
unless the majorit} 7 purchase their interest, by paying the minor- 
ity the sum, at which it was appraised by the board ; but if the 
minority decline so to sell, they shall not avail themselves of the 
four preceding sections. R. S. c. 16, § 48. 



CHAPTER LIV. 



MINISTERIAL AND SCHOOL LANDS, AND FUNDS. 

Where lands have been granted or reserved for the use of the 
ministry, or first-settled minister, or for the use of schools, in 
any town, and the fee in these lands has not vested in some par- 
ticular parish therein, or in some individual, it shall vest in the 
inhabitants of such town and not in any particular parish therein, 
for such uses. R. S. c. 16, § 49. 

The municipal officers, town clerk and treasurer of each town 
where no other trustees are lawfully appointed for that purpose, 
shall be a corporation and trustees of such ministerial and school 
funds, with the usual powers granted to similar corporations. 
R. S. c. 16, § 50. 

They shall annually elect a president, clerk and treasurer ; the 
treasurer shall give bond with sureties sufficient in the opinion 
of the trustees, for the faithful discharge of his duty ; and the 
clerk shall be sworn. R. S. c. 16, § 51. 

They may sell and convey all such ministerial and school lands 
belonging to and lying in their town ; and the treasurer's deed 

32 



498 MINISTERIAL AND SCHOOL LANDS, AND FUNDS. 

thereof, executed by order of the trustees, shall pass the estate. 
R. S. c. 16, § 52. 

As soou as may be, they shall place the proceeds of sale at 
interest secured by mortgage of real estate of twice the value of 
the principal, or by bond or note with sufficient sureties, or 
invest them in bank stock or public securities. R. S. c. 16, § 53. 

They may, by gift, grant or otherwise, take and hold for the 
use of the ministry in their towns, real and personal estate, the 
annual income of which does not exceed one thousand dollars ; 
and for the use of schools may take and hold estate, the annual 
income of which does not exceed the sum which their town is 
bound to raise for the same use. R. S. c. 16, § 54. 

The income of the fund, arising from the sale of lands under 
section fifty-two, and from the rents and profits of real and per- 
sonal estate held under section fifty-four, shall be annually 
applied to the support of public schools in the town, and 
expended like other school moneys. R. S. c. 16, § 55. 

The trustees of any ministerial or school fund in this state, 
incorporated by the legislature of Massachusetts, may by consent 
of the town for whose use the fund was established, transfer it 
to the municipal officers, clerk and treasurer thereof, who are 
hereby made trustees of the same ; and the income shall be 
annually applied and expended as provided in the preceding 
section. R. S. c. 16, § 56. 

At each annual meeting of their town, the trustees shall 
exhibit an account of their proceedings, and a statement of the 
funds, receipts, and expenditures, and of the application thereof 
to said uses. R. S. c. 16, § 57. 

When such lands are vested in a parish, the assessors, clerk 
and treasurer, where no other trustees are appointed for that 
purpose, shall be a corporation and trustees of such ministerial 
fund with like powers and under like liabilities, as the municipal 
officers, town clerk, and treasurer ; pay the annual income of 
such lands and of the proceeds of their sale according to the 
terms of the grants and reservations by which they were so 
vested ; and at each annual meeting for choice of parish officers, 
exhibit an account of their proceedings, and a statement of funds, 
receipts and expenditures. R. S. c. 16, § 58. 

The first meeting, in any year, of the trustees constituted by 
sections fifty and fifty-eight, may be called by seven days' per- 
sonal notice of the time and place thereof, given by one of them 
to all the others. R. S. c. 16, S 59. 



PROPRIETORS OF LANDS, WHARVES, ETC. 499 



CHAPTER LV. 



PROPRIETORS OF LANDS, WHARVES, AND OTHER 
REAL ESTATE IN COMMON. 

When any five, or a majority, of the proprietors of lands or 
wharves, held in common, desire a meeting of the proprietors for 
the purpose of forming a corporation, or for any other purpose, 
they may make written application signed by them or their 
agents, to any justice of the peace residing in the county in 
which the lands or wharves are situated ; said justice shall there- 
upon issue his warrant calling a meeting at the time and place, 
and for the purposes distinctly stated in the application, directed 
to one of the proprietors, requiring him to give notice thereof ; 
R. S. c. 58, § 1 ; 12 Me. 313, 400; 18 Me. 215 ; 26 Me. 549. 

If the lands lie in one or more incorporated towns, a notice in 
writing shall be posted in some public place in each, and pub- 
lished in the state paper, and in one of the newspapers printed hi 
the county where any part of them lies, fourteen days before the 
meeting ; but if not, in the state paper, and in one other news- 
paper, if any, in the county where any part of them lies, four 
weeks successively next before the meeting ; or the meeting may 
be warned by posting written notifications, in some public place 
in each town where any proprietor resides, fourteen days before 
the time appointed therefor. R. S. c. 58, § 2. 

At such meeting, such proprietors as assemble in person or by 
attorney may organize into a corporation if not already so organ- 
ized, choose a moderator, clerk, treasurer, assessors, collector of 
taxes, committees and other needful officers ; and may by vote 
decide upon the manner of calling and notifying future meetings. 
R. S. c. 58, § 3; 18 Me. 215 ; 26 Me. 549. 

The clerk, treasurer, assessors and collector, shall be sworn by 
the moderator or a justice of the peace, and the clerk shall record 
the votes passed at all meetings. R. S. c. 58, § 4 ; 26 Me. 553 ; 
53 Me. 233. 

No business shall be acted upon at any meeting, unless dis- 
tinctly expressed in the warrant therefor ; the proprietors* votes 



500 PROPRIETORS OF LANDS, WHARVES, ETC. 

shall be counted according to the interest of each in the common 
lands, if known, and in that way the moderator shall make cer- 
tain all doubtful votes; and they may pass by-laws as to the 
management, improvement, division and disposal of their lands 
or wharves, subject to the approval of the county commissioners 
of the county where the lands lie, and may annex penalties to 
the breach of them, not exceeding three dollars for one offense, 
to be disposed of as they direct. R. S. c. 58, § 5. 

The proprietors may prosecute and defend suits by their agent, 
and the certificate of the proprietors' clerk is evidence of such 
agency. R. S. c. 58, § 6 ; 37 Me. 44. 

At any legal meeting, they may raise money for bringing for- 
ward, completing the settlement of, managing or improving said 
lands, or for their common good, and assess the same according 
to their interests in the lands ; and the treasurer, collector or 
committee shall publish such assessment in the same manner as a 
meeting of the proprietors is notified. R. S. c. 58, § 7. 

If any proprietor neglects to pay his assessment to the treas- 
urer, collector or committee, for six months, if he resides in the 
state, otherwise for twelve months, then the committee may, 
from time to time, sell at auction so much of his right in the 
common lands, as is sufficient to pay his tax and the reasonable 
charges of sale, after notice thereof, posted as aforesaid, and pub- 
lished in two of the newspapers before named five weeks succes- 
sively next before the time of sale ; and may give deeds thereof 
in fee to the purchaser. R. S. c. 58, § 8 ; 4 Me. 248 ; 5 Me. 
348 ; 7 Me. 408. 

The proprietor of the right so sold may redeem it within a 
year, by paying to the committee the sum for which it was sold, 
with twelve dollars for each hundred produced by such sale, and 
in that proportion for a greater or less sum. R. S. c. 58, § 9. 

The treasurer may sue for and collect all debts due to the pro- 
prietors, and shall render his account of all moneys received and 
paid ; and he shall hold his office during their pleasure. R. S. c. 
58, § 10. 

A majority of proprietors present at any legal meeting, may 
order, manage, improve, divide or dispose of their lands as they 
choose; and may vote in person, or by attorney appointed in 
writing. R. S. c. 58, § 11 ; 48 Me. 526. 

After a final division of their common property, they shall 
cause their records to be deposited in the office of the clerk of 



PROPRIETORS OF LANDS, WHARVES, ETC. 501 

the town in which some part of such lands lies ; and he may 
record votes and certify copies of such records, as the proprietors' 
clerk might have done ; and the last clerk chosen shall continue 
in office until the records are so deposited. R. S. c. 58, § 12 ; 
53 Me. 233. 

Such a final division shall not dissolve the corporation until 
ten years thereafter ; but the last proprietors in common and 
their heirs shall continue in their corporate capacity, for the col- 
lection and payment of all debts due to or owing by the corpora- 
tion ; and may call and hold meetings, and vote assessments to 
pay their debts and all other charges necessary for closing their 
business. R. S. c. 58, § 13. 

The owners of an unincorporated township or tract may call 
meetings to raise money, for making and repairing highways 
lawfully laid out, and to choose officers to assess and collect it. 
R. S. c. 58, S 14. 



CHAPTER LVL 



SETTLEMENT OF PAUPERS. 

Settlements, subjecting towns to pay for the support of per- 
sons on account of their poverty or distress, are acquired as fol- 
lows : 

First. A married woman has the settlement of her husband, 
if he has any in the state ; if he has not, her own settlement is 
not affected by her marriage. When, in a suit between towns 
involving the settlement of a pauper, it appears that a marriage 
was procured to change it by the agency or collusion of the offi- 
cers of either town, or of any person having charge of such pauper 
under authority of either town, the settlement is not affected by 
such marriage. And no derivative settlement is acquired or 
changed by a marriage so procured, but the children of such mar- 
riage and their descendants have the settlement which they would 
have had if no such marriage had taken place. And the same 
rule applies in all controversies touching the settlement of pau- 
pers between the town by whose officers a marriage is thus pro- 
cured and any other town, whether the person whose marriage is 



502 SETTLEMENT OF PAUPERS. 

thus procured is a pauper at the time of the marriage or becomes 
so afterwards. 

Second. Legitimate children have the settlement of their 
father, if he has any in the state : if he has not, they have the 
settlement of their mother within it; but they do not have the 
settlement of either, acquired after they are of age and have 
capacity to acquire one. 

Third. Children, legitimate or illegitimate, do not acquire a 
settlement by birth in the town where they are born. Illegit- 
imate children have the settlement of their mother, at the time 
of their birth, but when the parents of such children born after 
March twenty-four, eighteen hundred and sixty-four, intermarry. 
they are deemed legitimate and have the settlement of the 
father. 

Fourth. Upon division of a town, a person having a settle- 
ment therein and being absent at the time, has his settlement in 
that town which includes his last dwelling-place in the town 
divided. When part of a town is set off and annexed to another, 
the settlement of a person absent at the time of such annexation 
is not affected thereby. When a new town, composed in part of 
one or more existing towns, is incorporated, persons settled in 
such existing town or towns, or who have begun to acquire a 
settlement therein, and whose homes were in such new town at 
the time of its incorporation, have the same rights incipient and 
absolute respecting settlement, as they would have had in the 
town where their homes formerly were. 

Fifth. A minor who serves as an apprentice in a town for 
four years, and within one year thereafter sets up such trade 
therein, being then of age, has a settlement therein. 

Sixth. A person of age, having his home in a town for five 
successive years without receiving supplies as a pauper directly 
or indirectly, has a settlement therein. 

Seventh. A person having his home in a town, March twenty- 
one, eighteen hundred and twenty-one, without having received 
supplies as a pauper within one year before that date, acquired 
a settlement therein. 

Eighth. A person having his home in an unincorporated place 
for five years without receiving supplies as a pauper, and having 
continued his home there until the time of its incorporation, 
acquires a settlement therein. Those having homes in such 
places for less than five years, before incorporation, and continu- 



SETTLEMENT OF PAUPERS. 503 

ing to have them there afterwards, until five years are com- 
pleted, acquire settlements therein. R. S. c. 27, § 1. 

To constitute pauper supplies, they must be applied for in 
case of adult persons of sound mind, by such persons themselves, 
or by some person by them duly authorized ; or such supplies 
must be received by such persons, or by some person authorized 
by them, with a full knowledge that they are such supplies ; 
and all care, whether medical or otherwise, furnished to said 
persons is subject to the same rule. R. S. c. 27, § 2. 

Settlements acquired under existing laws remain until new 
ones are acquired. Former settlements are defeated by the 
acquisition of new ones. Whenever a person having a pauper 
settlement in a town has lived, or shall live, for five years in 
any unincorporated place or places in the state, he and those 
who derive their settlement from him lose their settlement in 
such town, and whenever a person having a pauper settlement 
in any town in this state shall after April twenty-nine, eighteen 
hundred and ninety-three, live for five consecutive years beyond 
the limits of the state without receiving pauper supplies from 
any source within the state, he and those who derive their set- 
tlement from him lose their settlement in such town. R. S. c. 
27, § 3. 

Whenever a person having a pauper settlement in a town 
loses such settlement by virtue of the provisions of section three, 
relief shall be furnished, and towns furnishing such relief shall 
be reimbursed by the state as provided in section thirty of this 
chapter, in case of paupers having no legal settlement in the 
state. R. S. c. 27, § 4. 

No person, acquires a pauper settlement in a town by reason 
of his residing in said town as tender of a draw bridge, or as 
toll keeper of a bridge owned by another town, and living in a 
tollhouse owned by such other town. R. S. c. 27, § 5. 

Inmates of the National Home for Disabled Volunteer Sol- 
diers at Togus, in the county of Kennebec, and persons subject 
to the rules and regulations thereof, or receiving rations there- 
from, have their settlement in the respective towns in which 
they had a legal settlement when their connection with said 
National Home commenced, so long as such connection con- 
tinues therewith. R. S. c. 27, § 6. 

If a town furnishes relief to any such person, who becomes a 
pauper after his connection with said National Home has ceased, 
having no legal settlement in the state, or to his family, the 



504 SETTLEMENT OF PAUPERS. 

state shall reimburse such town for the relief furnished, to such 
an amount as the governor and council adjudge to have been 
necessarily expended therefor. R. S. c. 27, § 7. 

No child acquires a pauper settlement in the city of Bath, by 
reason of being an inmate of the Bath Military and Naval 
Orphan Asylum. R. S. c. 27, § 8. 

The revised statutes shall not be construed to make any 
town liable for relief furnished to an alien or his family since 
said statutes went into effect, but relief furnished any such per- 
son shall be within the provisions of section thirty-three of 
chapter twenty-seven. P. L. 1905, c. 142. 

No soldier or sailor who served by enlistment in the army or 
navy of the United States, in the war of eighteen hundred and 
sixty-one, or in the war with Spain, and who has received an 
honorable discharge from all enlistments in said service, whether 
in his own proper name or an assumed name, and who has or 
may become dependent upon any town, shall be considered a 
pauper, or be subject to disfranchisement for that cause ; but 
the time during which said soldier or sailor is so dependent, shall 
not be included in the period of residence necessary to change 
his settlement ; and overseers of the poor shall not have author- 
ity to remove to, or support in, the poorhouse, any such depend- 
ent soldier or sailor or his family ; the word "family" here used 
shall be held to include the soldier or sailor, his wife, his unmar- 
ried minor children living with him and dependent upon him for 
support, and such other unmarried children of his dependent 
upon him for support, who by reason of mental incapacity or 
physical disability are unable to provide for themselves ; but the 
town of his settlement shall support them at his own home in 
the town of his settlement or residence, or in such suitable place 
other than the poorhouse, as the overseers of the town of his 
settlement may deem right and proper. In case of a violation 
of this act the overseers of the poor shall be subject to a fine of 
twenty -five dollars. And for every day they allow them to 
remain in such poorhouse, after reasonable notice, they shall be 
subject to a further fine of five dollars per day, to be recovered 
by complaint or indictment. This section shall not be so con- 
strued as to deprive overseers of the poor of any right to remove 
and support such dependent soldier or sailor and his family in 
the town of his settlement, as herein provided. R. S. c. 27, § 9. 

Persons who have begun to acquire settlements under existing 



SETTLEMENT OF PAUPERS. 505 

laws, are not affected by a repeal of them, and a re-enactment of 
their provisions in substance. R. S. c. 27, § 10. 

"A person is to be considered as a pauper while he receives 
supplies, as such, from the town where he is a resident or found, 
whether for a year, or a portion of a year ; whether in an alms- 
house or at his own dwelling; and whether furnished directly 
by the overseers of the poor, or indirectly by the person to whom 
he has been disposed of and consigned by such overseers for 
support, in consideration of his services for a year, or any less 
period. We are of this opinion, because in each of the situa- 
tions" described in this case "the pauper is dependent upon the 
town, and under the care and protection, if not the personal 
control, of the overseers. The very fact of his being under the 
care of a third person by the disposal of the overseers, is proof 
of his being a statute pauper ; for unless such be the fact, the 
overseers would have had no authority to make such disposition. 
We do not consider that it is material whether the pauper makes 
compensation by his labor to the person to whom he has been 
consigned, or to the overseers of the poor when they directly 
support him ; for surely paupers do not change their character, 
even if by their labor they defray all the expenses of the alms- 
house where they are supported. Again, a man is to be con- 
sidered a pauper so long as he receives supplies, as such, from 
the town where he resides, but no longer. Some limit must be 
fixed, for the same must have been intended ; and as resident in 
-a particular town for three months next preceding an election, 
authorizes a citizen of the United States to be an elector of state 
officers in that town, we are of opinion that such a person cannot 
constitutionally be construed as an excepted pauper, unless 
within that term, he shall have been directly or indirectly fur- 
nished with supplies, as such, from or under the sanction of the 
cverseers of the poor of such town. If such have not been the 
fact, then he cannot be disqualified as a voter for such state offi- 
cers ; because, not falling within the intent and spirit of the 
exception." 7 Me. 499. 

Marriage within the degrees of consanguinity, or where the 
wife has a husband or the husband a wife living, knowing such 
husband or wife to be alive, shall be void ; and no settlement 
can be gained thereby. 4 Me. 293. 

The wife gains no settlement by residing with her husband 
unless he gains a settlement. 1 Me. 196. 



506 SETTLEMENT OE PAUPEKS. 

The settlement of a wife follows that of her husband until a 
divorce is decreed, though they live separate and though the 
husband is married to and living with another woman. 13 Me. 
225. 

If the husband does not reside in a town long enough to gain 
a settlement, and dies, his widow cannot acquire a settlement by 
residing there during the space within which, if the husband had 
lived, he would have gained a settlement. 15 Me. 434. 

If the father have a settlement in this state, and dies, his 
legitimate minor children retain that settlement until they gain 
one for themselves, even if their mother acquires a new settle- 
ment ; but if the father have no settlement in this state, the set- 
tlement of the minor children will follow that of the mother. 
7 Me. 90. 

The illegitimate non compos child of a non compos mother is- 
considered as emancipated. 5 Me. 123. 

A minor emancipated may gain a settlement. 3 Me. 220. 

If an alien married and then left the state without an inten- 
tion of returning, but afterwards tried to induce his child to live 
with him out of the state, the child was not emancipated so as to 
gain a settlement of his own right while a minor. 4 Me. 292. 

An alien gains no settlement by dwelling in the town at the 
time of its incorporation. 1 Me. 196. 

Whoever moves into a town, intending to dwell there an 
indefinite time, establishes his home therein. 13 Me. 225. 

Domicile not affected by intention to remove, not carried into 
effect. 5 Me. 143 ; 11 Me. 190 ; 13 Me. 225. 

Leaving town intending to return, does not change. 8 Me. 
203. 

The word "settlement," in reference to paupers, has become 
technical ; when it is said that a person has his settlement in a 
particular town, the meaning is, that he has, in case of need, a 
right to support from the inhabitants of that town. 19 Me. 300. 

There is a marked distinction between the place of residence 
and the place of legal settlement. The latter cannot be changed 
without acquiring a new one. The former may be abandoned 
without evidence that another residence has been secured.. 
19 Me. 375. 

Children living separate from the father on account of his 
poverty, the parental and filial relations still subsisting, are 



SETTLEMENT OF PAUPERS. 507 

under the parent's care ; and supplies furnished them are, indi- 
rectly, supplies furnished him. 19 Me. 441. 

Insanity occurring after a residence has been established will 
not prevent the acquisition of a settlement, if the residence be 
continued five vears without the receiving of pauper supplies. 
33 Me. 427. 

When a town in which an insane person was resident, has 
incurred expense in maintaining him at an insane hospital, such 
town, in order to recover for such expenses against the town of 
the pauper's settlement, must notify the defendant town in the 
mode prescribed in the general pauper law. Under that law, 
the notice must be signed in the name of the overseers of the 
poor, or of some one of them in their behalf. A notice signed 
in the name of some other person in their behalf is not sufficient. 
33 Me. 453. 

Where the only evidence of the residence of a pauper showed 
that his home was in a particular family, it is not erroneous in 
the judge to instruct the jury that, in order to justify them in 
rinding a residence, it must be proved that he was a member of 
that family. No one can become such a member, so as thereby 
to gain a legal residence, unless voluntarily and by consent of 
the family. 34 Me. 310 ; 78 Me. 377. 

Upon the division of any town, and the incorporation of a 
portion of its territory into another town, the settlement of per- 
sons residing upon such territory at that time is in the town into 
which it is incorporated. But the settlement of persons residing 
on territory set off from one town and not incorporated into 
another, is not changed by such dismemberment. 37 Me. 39. 

A minor child of parents who are paupers, bound to service 
by the selectmen, by written indentures, until twenty-one years 
of age, is not thereby emancipated. Such child follows the set- 
tlement of his father within this state, until he acquires one of 
his own. 40 Me. 106. 

An unmarried woman had her settlement in the westerly part 
of a town. She married one who had no settlement in the state, 
and they afterwards reside in the easterly part of the same town. 
While residing there, the latter portion was incorporated into a 
new town. The court held that her settlement was in the new 
town. 41 Me. 462. 

A poorhouse is not regarded as having the characteristics of 
a statute home. 42 Me. 541. 



508 SETTLEMENT OF PAUPERS. 

The fact of abandonment of a home depends upon the inten- 
tion of a pauper when he departs ; and though his expectations 
in regard to business fail, so that he returns sooner or later, it is 
immaterial. 43 Me. 406. 

To acquire and maintain a residence or home, it is not neces- 
sary that a person be at all times personally present in it or have 
a particular house to which he may as matter of right resort. 
lb. 

A child does not gain a new settlement, by being bound out, 
in the town where the person lives to whom he is bound. 48 
Me. 565. 

A person non compos, not residing with his father, and not 
supported by him, does not follow a new settlement acquired by 
the father, after the child is of age. 51 Me. 540 ; 85 Me. 134. 

An unemancipated non compos from infancy, will follow the 
settlement of the father, as well after as before he arrives at age. 
55 Me. 55; 45 Me. 537; 78 Me. 136. 

The marriage of a minor daughter with her father's consent is 
one mode of emancipation. 56 Me. 22. 

Such consent of the father may be presumed from circum- 
stances, such as her living with her father, etc. lb. 

The insanity of a person does not prevent his continuous resi- 
dence in a town for five years, from e'stablishing his settlement 
therein. 48 Me. 332; 55 Me. 55. 

If a person leaves the town where he has a home, for a 
specific purpose, intending to return when the purpose is accom- 
plished, his residence is not changed thereby. 49 Me. 367. 

While a person is in transit, the old domicile remains. 50 
Me. 475 ; 52 Me. 165 ; 55 Me. 117. 

A person is entitled to relief, though he has property that is 
not available. 49 Me. 385. 

Towns called upon to supply paupers are entitled to the 
avails of the industry of the person supplied. 49 Me. 550. 

If when supplies are furnished, the overseers distinctly agree 
that the supplies shall not be regarded as pauper supplies, and 
they are thus received as a gift or loan, the party receiving them 
will not be legally affected thereby, nor will the supplying town 
acquire rights against other towns. 53 Me. 29. 

The obligation of towns to support paupers is entirely statu- 
tory. 55 Me. 117. 



SETTLEMENT OF PAUPERS. 509 

If settlement of pauper is shown to have been at one time in 
a town, the burden of proof is on that town to show that the 
pauper has a legal settlement elsewhere. lb. 

It is questionable whether an agreement made by the officers 
of two towns, by way of settlement of a pauper suit, that the 
pauper should thereafter have his settlement in one of the towns, 
is binding on the towns, as a contract for the future support of 
the pauper. 47 Me. 127. 

Not only the expenses for support, but also those for burial, 
are recoverable of the town where the pauper has his settlement. 
48 Me. 416. 

If, after due notice, the town receiving it pays for all supplies 
thus far furnished, a new notice is necessary to charge the same 
town for further supplies. 46 Me. 558. 

Where the supplies are furnished occasionally and not contin- 
uously, only one notice is requisite. 53 Me. 38. 

For every new action a new notice must be given. 53 
Me. 39. 

One town cannot give "written notice" so as to charge 
another town for supplies furnished subsequently to such 
notice, unless actual supplies had been furnished prior thereto. 
56 Me. 11. 

Emancipation, when to be presumed, and what facts do and 
what do not constitute. 55 Me. 55. 

When a person leaves his place of residence without any 
intention of returning, he has abandoned it, whether he has 
established another or not. 58 Me. 207. 

If a naturalized citizen, after obtaining a legal settlement in 
this state, removes to the Province of New Brunswick, his child 
born there, upon coming into the state, takes the settlement of 
the father, though the father does not return. 58 Me. 353. 

Persons born out of the limits and jurisdiction of the United 
States whose fathers were at the time of their birth, citizens of 
the United States, shall be deemed, considered and declared to 
be citizens of the United States. Act of Congress approved 
Feb. 10, 1855, c. 71. 

Relief shall be given if a person is in need of immediate 
relief. 53 Me. 29. 

The legal effect of furnishing supplies by the overseers does 
not in any way depend upon their intention in so doing. 61 
Me. 559. 



510 SETTLEMENT OF PAUPERS. 

An adult person of sound mind cannot be made a pauper 
against his will. 69 Me. 224. 

Insane person committed to hospital and supported by town 
is not a pauper, R. S. c. 144, § 24. 

Non compos or insane person is incapable of gaining in his own 
right. 74 Me. 46. Follows the settlement of his father with 
whom he lived continuously until age of forty-eight when he 
was sent to insane asylum, although his father's settlement was 
acquired while he was in the insane asylum. lb. 

Overseers may in their discretion set to work any poor debtor 
who is in jail. 54 Me. 493. 

Voting not conclusive as to residence. 74 Me. 154. 

Question of residence is, in part, one of intention. 78 
Me. 377. 

Not necessarily abandoned though confined in a prison in 
another state, and wife has been divorced and remarried. 85 
Me. 126. 

Wife cannot change residence of husband against bis will. 
lb. 

If a marriage be procured by the agency or collusion of town 
officers for the purpose of changing the settlement of a pauper, 
the settlement shall not be changed thereby. This prevents the 
wife taking the settlement of the husband. But their children 
will take his settlement instead of hers. 73 Me. 583 ; 88 Me. 
251. 

Towns where truants have their pauper settlement, at the 
time of their commitment to the reform school, are liable for 
the support of such truants. 89 Me. 525. 

An emancipated minor cannot acquire a pauper settlement in 
a town by having his home therein for five consecutive years. 
89 Me. 531. 

In the sixth paragraph of section one of chapter twenty-seven 
of the revised statutes, it is only "a person of age" who can 
acquire a settlement in the mode there prescribed. A person 
who is not of age is excluded from the operation of this clause. 
While in paragraphs four, seven and eight of said section the 
term "person" may include minors. 89 Me. 531. 

A married woman cannot acquire a pauper settlement in this 
state independent of her husband, in her own right. 95 Me. 53. 



SETTLEMENT OF PAUPERS. 511 

Under the provision of section six of chapter twenty-seven of 
the revised statutes no inmate of the National Home for Dis- 
abled Volunteer Soldiers at Togus or persons subject to its rules 
and regulations, or receiving rations therefrom, can acquire a 
pauper settlement in this state, so long as his connection with 
such home continues, whether he had or had not a pauper settle- 
ment in this state when his connection with such home 
commenced. 95 Me. 53. 

Pauper supplies, whether received directly or indirectly, by 
the pauper, must be received from the town as a result of the 
application imposed upon it by the statute. 97 Me. 29. 

Voluntary contributions of private charity do not constitute 
such supplies. The motive of the donors is not material. The 
consequences attach to the act, not to the motive. It is the 
receipt of supplies from the town, not the motive which may 
have inspired any person or persons to do away with the neces- 
sity of the pauper receiving relief from the town, which affects 
the gaining of a pauper settlement. 97 Me. 29. 

The belief of the pauper, that the supplies were furnished by 
the town in response to his application, is not sufficient. It is 
the fact that they are so furnished and not his belief, which con- 
stitutes them pauper supplies. 97 Me. 29. 

The home which a person must have in a town for five con- 
secutive years to acquire a pauper settlement therein is equiva- 
lent to domicile which depends upon residence and intention. 
498 Me. 493. 

A person's intention can only be shown by his acts and words, 
but a mere expression of intent disconnected with any relevant 
circumstances would be too remote to be admissible as evidence. 
98 Me. 493. 

A pauper's intention is a question of fact. He may testify 
himself to it, but his declarations to others can only be received 
in evidence when accompanied by acts which they explain, so 
that they will be regarded as a part of acts from which his 
intention may be inferred. lb. 

A legitimate minor child, whose deceased father had no 
pauper settlement in this state instantly acquires the new settle- 
ment of the mother gained by her subsequent marriage. 89 
Me. 43. 

A pauper who derived a settlement in a town in this state 
through her husband, loses her settlement there, when her hus- 



512 SETTLEMENT OF PAUPERS. 

t 

band has lived five consecutive years beyond the limits of the 
state, without receiving pauper supplies from any source within 
the state. 96 Me. 501. 

It makes no difference that this residence of the husband 
beyond the limits of the state commenced before the enactment 
of the statute of eighteen hundred and ninety-three, chapter 
two hundred and sixty -nine. 96 Me. 501. 

Upon marriage, a woman takes the pauper settlement of her 
husband if he has any in this state. 97 Me. 130. 

If the marriage is subsequently annulled on the ground of 
the mental incapacity of the husband to contract marriage, the 
woman's pauper settlement must be regarded as not affected by 
the marriage. The same result follows if it is proved that the 
husband at the time of its solemnization was mentally incapable 
of contracting marriage. Such a marriage is absolutely void ah 
initio, and may be impeached collaterally, without judgment of 
nullity. The court has no jurisdiction to decree the annulment 
of a marriage upon the petition of the guardian of one of the 
parties. Nor can a court decree the annulment without notice 
to the party against whom the proceeding is brought. When 
want of jurisdiction in such case appears upon the face of tho 
record, the decree is void and may be attacked collaterally. 9T 
Me. 131. 

A minor child may become emancipated from its parents, but 
such child will not take the subsequently acquired pauper settle- 
ment of its parent, but takes by derivation that of the parent at 
the time of the emancipation. 97 Me. 473. 

Voting, and taxation acquiesced in and affirmed by the pay- 
ment of the tax, are acts of much stronger probative force when 
relied upon to prevent the gaining of a pauper settlement, than 
when offered to establish one. 95 Me. 111. 

A pauper had his original derivative settlement in the defend- 
ant town which claimed that he had acquired a new settlement 
by having his home in another town for a period of five consecu- 
tive } 7 ears at two dffferent times. There was evidence tending 
to show that during the first period relied upon he left that 
town and went into another and there voted, was taxed and 
paid taxes ; that during the second period he left the latter 
town and went to another town in search of employment which 
he obtained without any intention as to returning; that his 
intention in that respect was unformed and undetermined. On 
each occasion he took with him all that he possessed, leaving 



SETTLEMENT OF PAUPERS. 513 

behind him neither property, family, nor visible sign of a home. 
The court held that this evidence, if believed, would justify a 
finding by the jury ; that on each occasion there was an aban- 
donment of the pauper's former residence in the first mentioned 
town. lb. 

It is not necessary in order to retain his legal home in a town 
that a person should at all times have some house or building, 
or room, to which he has a right to go. 95 Me. 201. 

In a pauper suit the burden is upon the party alleging it to 
prove that the pauper has gained a new settlement by having a 
home five years consecutively in some other town. It is possi- 
ble that a man may so wander around as to lose a home within 
the legal significance of the word "home" under the pauper stat- 
utes. 95 Me. 202 ; 96 Me. 501. 

Neither the act nor the omission of the assessors in the assess- 
ment or non-assessment of a tax on an individual, can be evi- 
dence for or against a town on the question of a residence of 
such individual. 100 Me. 67. 

The assessment of a tax against a person is no admission on 
his part unless coupled with its payment or his recognition of 
it in some manner as an existing liability. At the most the 
assessment or non-assessment of a tax but represents the opinion 
of the assessors upon the question of the residence or non-resi- 
dence of the person at the time, and cannot be evidence of the 
fact itself before another tribunal. lb. 

A town offered a deposition to prove that the rules governing 
the residential jurisdiction of a society at the time the pauper 
became a member thereof required a six months' residence in the 
town. It appeared in evidence that this regulation was not 
shown to have been brought to the pauper's notice or acted 
upon by him. The court excluded the evidence on the ground 
that it tended to prove as to the pauper's residence the opinion 
of the persons who invited him to join the society and admitted 
him to membership. lb. 



33 



514 DUTY OF TOWNS RELATIVE TO POOR, ETC. 



CHAPTER LVIL 



DUTY OF TOWNS RELATIVE TO POOR, AND BURIAL OF 

PERSONS HONORABLY DISCHARGED FROM 

ARMY, NAVY, OR MARINE CORPS. 

Towns shall relieve persons having a settlement therein, when, 
on account of poverty, they need relief. They may raise money 
therefor as for other town charges ; and may at their annual 
meeting choose not exceeding seven legal voters therein to be 
overseers of the poor. R. S. c. 27, § 11. 

Persons chargeable shall not be set up and bid off at auction 
either for support or service ; but towns at their annual meet- 
ings, under a warrant for the purpose, may contract for the 
support of their poor for a term not exceeding five years. R. S. 
c. 27, § 14. 

Towns may unite in the purchase of a farm, or in the erection 
of buildings, to be used for the support of the poor; and in 
procuring all necessary furniture and apparatus therefor. For 
these purposes, each town may choose the number of commis- 
sioners agreed upon, to constitute a joint commission to cause 
the agreement of the towns to be carried into effect. R. S. c. 
27, § 15. 

The overseers of such towns constitute a joint board of over- 
seers of such farm and buildings. They may at a full meeting 
establish rules for the management thereof, appoint a superin- 
tendent, prescribe his powers and duties, and cause all the pau- 
pers of such towns to be supported there. They may receive 
and support there, paupers of other towns. Towns may raise 
money for the purposes named in this and the preceding sec- 
tions. R. S. c. 27, § 16. 

A person residing in a place not incorporated, may provide 
relief and medical aid for any other sick, wounded or injured 
resident, and in case of his death may cause him to be buried, 
and may recover the amount necessarily expended of the town 
where such person had a settlement, if, within sixty days there- 



DUTY OF TOWNS RELATIVE TO POOR, ETC. 515 

after, he has delivered into a post office, postage paid, a written 
notice signed by him informing the overseers of such town of 
the name of the person relieved, the nature of his sickness or 
injury, if known, and the amount expended. Towns paying 
such expenses or costs may recover the amount, with interest, of 
the person relieved, or of anyone liable for his support. R. S. 
c. 27, § 36. 

Towns shall pay expenses necessarily incurred for the relief 
of paupers by an inhabitant not liable for their support, after 
notice and request to the overseers, until provision is made for 
them. R. S. c. 27, § 45. 

When a person in their town, notoriously subject to habits of 
intemperance, is in need of relief, the overseers shall make a 
complaint to a judge of the municipal or police court or trial 
justice in the county, who shall issue a warrant and cause such 
person to be brought before him, and upon hearing and proof of 
such habits, he shall order him to be committed to the house of 
correction, to be there supported by the town where he has a 
settlement, and if there is no such town, at the expense of the 
county, until discharged by the overseers of the town in which 
the house of correction is situated, or by two justices of the 
peace. R. S. c. 27, § 46. 

A town, which has incurred expense for the support of a 
pauper, whether he has a settlement in that town or not, may 
recover it of him, his executors, or administrators, in an action 
of assumpsit. R. S. c. 27, § 47. 

Any plantation, at a legal meeting called for the purpose, 
may raise and expend money for support of the poor, to be 
applied by their assessors. R. S. c. 27, § 50. 

Whoever brings into and leaves in a town where he has no 
settlement, any poor, indigent or insane person, having no visi- 
ble means of support, or hires or procures such person to be so 
brought, or aids or abets in so doing, knowing such person to 
be poor, indigent or insane as aforesaid, with intent to charge 
such town in this state with the support of such person, shall be 
fined not exceeding three hundred dollars, or imprisoned not 
exceeding one year. And shall be further liable to any town or 
to the state for such sums of money as are expended by such 
town or by the state, for the support and maintenance of such 
person, which may be recovered in an action of the case. R. S. 
c. 27, § 51. 



516 DUTY OF TOWNS RELATIVE TO POOR, ETC. 

Whenever any person who served in the army, navy or marine 
corps of the United States during the war of eighteen hundred 
and sixty-one or during the war with Spain, and was honorably 
discharged therefrom, shall die, being at the time of his death a 
resident of this state and in destitute circumstances, the state 
shall pay the necessary expenses of his burial ; or whenever the 
widow of any person who served in the army, navy or marine 
corps of the United States during the rebellion, and was honor- 
ably discharged therefrom shall die, being at the time of her 
death a resident of this state and being in destitute circumstances 
and having no kindred living within this state and of sufficient 
ability legally liable for her support, the state shall pay the nec- 
essary expenses of her burial ; such expenses shall not exceed 
the sum of thirty-five dollars in any case, and the burial shall be 
in some cemetery not used exclusively for the burial of the 
pauper dead. R. S. c. 4, § 65 ; 92 Me. 443 ; 93 Me. 101. 

The municipal officers of the city or town in which such 
deceased resided at the time of his death, shall pay the expenses 
of his burial, and if he die in an unincorporated place, the town 
charged with the support of paupers in such unincorporated 
place, shall pay such expenses, and in either case upon satisfac- 
tory proof by such town or city to the governor and council of 
the fact of such death and payment, the governor shall authorize 
the treasurer of state to refund said town or city the amount so 
paid, provided, however, that the person whose burial expenses 
are paid in accordance with the provisions of this section and 
the preceding section shall not be constituted a pauper thereby ; 
said proof shall contain a certificate from the post commander of 
the post of the Grand Army of the Republic, located nearest the 
town or city which paid said burial expenses, stating that such 
person was an honorably discharged soldier or sailor and in des- 
titute circumstances, or the widow of an honorably discharged 
soldier or sailor and in destitute circumstances, and having no 
kindred of sufficient ability, resident in this state legally liable 
for her burial expenses. R. S. c. 4, § 66 ; 93 Me. 101. 

No person can maintain an action against a town for supplies 
to a pauper but the person who gave the notice to the overseers. 
20 Me. 442. 

The system of poor laws is founded on the provisions of our 
statutes ; and no action can be maintained against a town for 
the support of any pauper, unless it be given by statute. 



DUTY OF TOWNS RELATIVE TO POOR, ETC. 517 

Under section forty-five of chapter twenty-seven of the revised 
statutes, where overseer offers to remove the party to whom sup- 
plies are being furnished it is a question for the jury whether 
the refusal of the person furnishing the supplies to permit such 
removal amounted to a voluntary assumption of the support of 
the dependent person by the party furnishing the supplies. 84 
Me. 418. 

The removal or offer of removal must be the act of the board, 
and not the individual, personal act of one member alone, unau- 
thorized by the board. lb. 

Towns have a discretionary power to choose any number of 
overseers of the poor not exceeding seven ; but if they deem the 
election of separate overseers unnecessary, the duties pertaining 
to those officers are to be discharged by the selectmen, of whom 
there must be three, five or seven. The election of only one 
overseer of the poor is valid. 83 Me. 219. 

Overseers of the poor act as agents of the town within certain 
limits, and bind it by their acts within the scope of their author- 
ity. Their acts, therefore, within the limits of such authority, 
being in law the acts of the town, may be treated as evidence of 
some weight, but not conclusive against the town. 93 Me. 184. 

The notice and request to overseers required by the statute to 
authorize an inhabitant of a town or city to recover expenses 
necessarily expended for the relief of a pauper in such town or 
city, may in the city of Lewiston, be given to the clerk or agent 
of the overseers ; an ordinance of the city provided that its over- 
seers may appoint "a clerk or agent" to act for them under their 
direction and approval. 93 Me. 71. 

No statute of this state creates any liability upon the part of 
a municipality to reimburse an inhabitant of another town for 
expenses incurred by him in such other town for the relief of a 
pauper whose settlement is in the town sought to be liable for 
such expenses. Consequently, an action for such expenses so 
incurred, not based upon any contract express or implied with 
the defendant town, cannot be maintained. 97 Me. 240. 



518 OVERSEERS OF THE POOR. 



CHAPTER LVIII. 



OVERSEERS OF THE POOR. 

Annual town meeting shall be held in March, and the voters 
shall then choose, by a major vote, five or seven inhabitants of 
the town to be selectmen and overseers of the poor, when other 
overseers are not chosen. Provided, however, any town electing 
three selectmen, three overseers of the poor, and three assessors, 
if it shall vote so to do, may elect one member of each of the 
three above named boards for one year, one for two years and 
one for three years, and at each annual meeting thereafter one 
member of each of said boards shall be elected for a term of 
three years. Towns electing more than three selectmen, three 
overseers of the poor and three assessors may by vote determine 
how- many of each of said boards shall be elected annually and 
the tenure of their offices. R. S. c. 4, § 12. 

Towns shall relieve persons having a settlement therein, when, 
on account of poverty, they need relief. They may raise money 
therefor as for other town charges ; and may at their annual 
meeting choose not exceeding seven legal voters therein to be 
overseers of the poor. R. S. c. 27, §11. 

The voters, at a legal town meeting, may raise the necessary 
funds for the support of the poor. R. S. c. 4, § 71. 

Towns have the discretionary power to choose any number of 
overseers of the poor not exceeding seven ; but if they deem the 
election of separate overseers unnecessary, the duties pertaining 
to those officers are to be discharged by the selectmen, of whom 
there must be three, five or seven. 

The election of only one overseer of the poor is valid. 83 
Me. 219. 

Overseers shall have the care of persons chargeable to their 
town, and cause them to be relieved and employed at the 
expense of the town, and the town may direct their employment. 
R. S. c. 27, § 12. 

Supplies furnished by order of one of a board of overseers act- 



OVERSEERS OF THE POOR. 519 

ing under a parole agreement with the rest as to the general 
manner of executing their office, are supplies furnished within 
the meaning of the statutes. 4 Me. 298; 64 Me. 416. 

It is not necessary that a majority of the overseers should 
make a personal examination as to the necessity for supplies. 
One may act upon information derived from one of his fellows, 
and if he ratify an order previously given for supplies by his 
associates, it is sufficient to constitute a furnishing by the town 
62 Me. 229; 64 Me. 417. 

When one of the selectmen of a town orders supplies to be 
furnished a person entitled to relief, the assent of the other 
selectmen is to be presumed, because it is their duty to assent. 
It would be extremely inconvenient, if no supplies could be fur- 
nished paupers without the express consent of a majority of the 
selectmen, while no inconvenience can result from holding, that 
proper supplies furnished on proper occasions by order of one of 
the selectmen, shall bind the town in the same manner as if fur- 
nished by the express order of all the selectmen. 3 N. H. 291 ; 
7 N. H. 315; 10 N. H. 36 ; 33 N. H. 577. "Our rule is, that 
one overseer may in a proper case furnish supplies to a dis- 
tressed pauper by virtue of precedent authority, or his act, with- 
out such authority, may receive a subsequent ratification." 48 
Me. 560; 64 Me. 417. 

When supplies have been furnished by one overseer, and the 
bill for such supplies is presented to the town where the resi- 
dence of the pauper is claimed to be, by another overseer who 
had knowledge of the furnishing of these supplies, it was prop- 
erly submitted to the jury to determine whether such overseer 
by presenting the bill for payment ratified the same, if special 
ratification is to be regarded as necessary, where needed supplies 
are furnished in good faith to relieve existing distress. lb. 

A formal adjudication by the board of overseers of the poor 
after a pauper has fallen into distress and stands in need of 
relief is not necessary. It is sufficient if one overseer furnishes 
the supplies upon his own view of what is necessary and proper, 
provided his act is subsequently assented to or ratified by a 
majority of the board. 70 Me. 114. 

Where all, or a majority, of the board of overseers join in a 
notice to the town where the pauper's settlement is, stating that 
he had fallen into distress and was in need of immediate relief, 
and that such relief had been furnished by the town, this affords 



520 OVERSEERS OF THE POOR. 

competent evidence of such ratification, and, in the absence of 
proof to the contrary, is sufficient evidence of the fact. lb. 

Testimony from the wife of the pauper that when the sup- 
plies were received the same were necessary and that the hus- 
band was sick and unable to labor, and nothing appearing to the 
contrary, is sufficient to justify the jury in finding that the sup- 
plies were actually applied for by the paupers themselves, or 
that they were received with a full knowledge that they were 
pauper supplies. lb. 

Form of Indenture for Binding Persons over Twenty-one Years 
of Age. 

This indenture, made by and between , overseer of the poor of the 

town of , in the county of and State of Maine, of the one part, and 

, of the said town, of the other part, witnesseth : That said overseers, 

hy the authority vested in them by law, have bound, and do hereby bind 

out to labor to the said for one year from the date hereof, a person 

residing in said town [or a person residing in said town, but having no set- 
tlement in the state, as the case may be], who is able of body, but who has 
no apparent means of support and who lives idly, and pursues no lawful 

business. (R. S. c. 142, § 1). During which time said shall faithfully 

serve said in all things whereunto he may lawfully command him. 

And the said covenants on his part that he will pay said overseers for 

the services of said for the term aforesaid, the sum of dollars, to 

be by them applied to the maintenance of said . 

In witness whereof, said parties have hereunto set their hands and seals, 

this day of A. D. 19—. 

A. B. [Seal.] 

C. D. [Seal.] 

E. F. [Seal.] 

Overseers may set to work, or by deed bind to service upon 
reasonable terms, for a time not exceeding one year, persons 
having settlements in their town or having none in the state, 
married or unmarried, able bodied, upwards of twenty-one years 
of age, having no apparent means of support and living idly; 
and all persons liable to be sent to the house of correction. 
R. S. c. 27, § 28; 93 Me. 184. 

A person so bound may complain to the court, in the county 
where he or the overseers reside, and the court, after notice to 
the overseers and master, may, upon a hearing, dismiss such 
complaint, or discharge him from the master and overseers, and 
award costs to either party or against the town at discretion. 
R. S. c. 27, § 29. 



OVERSEERS OF THE POOR 521 

Persons found in places not incorporated and needing relief, 
are under the care of the overseers of the oldest incorporated 
adjoining town, or the nearest incorporated town where there 
are none adjoining, who shall furnish relief to such persons, as 
if they were found in such towns : and such overseers may bind 
to service the children of such persons as they may those of 
paupers of their own town, and may bind out persons described 
in section twenty-eight of chapter twenty-seven of the revised 
statutes in manner therein provided, residing in such unincor- 
porated place, as if in their own town, and such persons shall be 
entitled to a like remedy and relief. When relief is so pro- 
vided, the towns so furnishing it have the same remedies against 
the towns of their settlement as if they resided in the town so 
furnishing relief. And when such paupers have no legal settle- 
ment in the state, the state shall reimburse said town for the 
relief furnished, to such an amount as the governor and council 
adjudge to have been necessarily expended therefor. And the 
reasonable expenses and services of said overseers relative to 
such paupers, shall be included in the amount to be so reim- 
bursed by the state. R. S. c. 27, § 30. 

A town is not bound to furnish relief to a pauper in distress 
and standing in need of relief except only, and so far, as it is a 
matter of statutory enactment. 60 Me. 156. 

The paupers to be relieved are not under the care of the over- 
seers of the poor of the several towns in the state, but of "the 
overseers of the oldest incorporated adjoining town, or the near- 
est incorporated town where there are none adjoining," who by 
the statute, "shall furnish relief to such persons found in places 
not incorporated and needing relief, as if they were found in 
such towns." The overseers to whose care the pauper and his 
family are intrusted, are to have charge of them and to furnish 
relief to them, not the overseers who have no control over them, 
lb. 

A person found in an unincorporated place, in need of relief, 
having no home or place of residence in such unincorporated 
place, but being there for some temporary purpose only, is not 
within the meaning of the foregoing section. 68 Me. 593. 

When persons residing in an unincorporated place, and hav- 
ing no pauper settlement in the state, remove from such place to 
any town, and there need relief, and the same is furnished to 
them by such town, the state shall reimburse said town for such 
relief so furnished, in the same manner and under the same 



522 OVERSEERS OF THE POOR. 

restrictions as to the amount reimbursed, as provided in the pre- 
ceding section. R. S. c. 58, § 31. 

Whenever persons who have no legal settlement within the 
state, and needing immediate relief, are found in any town, or 
unincorporated places, and are brought into any adjoining town 
obliged by law to care for and furnish relief to such persons, and 
relief is so furnished, the state shall reimburse said town for 
such relief so furnished, in the same manner and under the same 
restrictions as provided in section thirty, chapter twenty-seven 
of the revised statutes, although the overseers of the poor of 
said town have no permit in writing from the governor and 
council to remove the same into their town. R. S. c. 27, § 33. 

Whenever towns that are compelled to care for and furnish relief 
to state paupers in unincorporated places, for reasons of economy 
desire to remove the same into their own town, their overseers 
of the poor may make a written request, stating their reasons to 
the governor and council, who shall examine the same, and if in 
their judgment such state paupers would thereby be supported 
with less expense to the state, may permit in writing such trans- 
fer to be made. Whenever state paupers are thus transferred 
and maintained in a town for such purposes, they do not become 
paupers of such town by reason of residence therein, while so 
maintained. R. S. c. 27, § 32. 

Plantations having a population of two hundred or more, and 
a valuation of at least one hundred thousand dollars, shall here- 
after support the paupers therein, in the same manner that towns 
now do, and the expenses therefor shall not be chargeable to the 
state. R. S. c. 27, § 34. 

Persons found in plantations having a population of more than 
two hundred, to be determined by the returns of the county 
commissioners, as provided by section one hundred and thirteen 
of chapter four, and a state valuation of forty thousand dollars,, 
and needing relief, are under the care of the assessors of such 
plantations ; and the duties and powers of such assessors relative 
to such persons, are the same in every respect as overseers of the 
poor in towns have in like cases ; and such plantations shall 
assess and raise all moneys necessary to defray the expense 
incurred in the care of such persons ; and plantations so furnish- 
ing relief, have the same remedies against the towns of their 
settlement, that towns have in like cases. But this section does 
not extend to, or affect the laws concerning so-called state 
paupers or paupers' settlements. R. S. c. 27, § 35. 



OVERSEERS OF THE POOE. 523 

The duty imposed by the foregoing section does not extend 
to state paupers, but only such as have the settlement in some 
town. The effect of this section is to impose upon the assessors 
of such plantation the duty of looking after that class of paupers 
for the support of whom they have their remedy against the 
towns where is to be found their legal settlement. This duty 
was formerly cast upon the oldest adjoining town, and this duty 
still continues in relation to the so-called state paupers. It is 
not the duty of unincorporated plantations to provide for sup- 
port of state paupers, or raise money for their relief but by 
express statute persons found in places not incorporated and 
needing relief, are under the care of the assessors of the oldest 
incorporated adjoining town. And when such paupers have no 
legal settlement in the state, the state shall reimburse said town 
for the relief furnished. 90 Me. 515. 

Overseers shall relieve persons destitute, found in their towns 
and having no settlement therein, and in case of death, decently 
bury them, or dispose of their bodies according to section three 
of chapter seventeen; the expenses whereof and of their removal 
incurred within three months before notice given to the town 
chargeable, may be recovered of the town liable, by the town 
incurring them, in an action commenced within two years after 
the cause of action accrued, and not otherwise; and may be 
recovered of their kindred in the manner before provided in this 
chapter. R. S. c. 27, § 37. 

All public officers, agents and servants of any and every 
county, city, town and other municipality, and of any and every 
almshouse, prison, morgue, hospital or other public institution 
having charge or control over dead human bodies required to be 
buried at the public expense, are required to notify immediately 
the board of distribution of dead human bodies (as provided in 
revised statutes chapter seventeen) whenever any such body or 
bodies come into his or their possession, charge or control, and 
shall, without fee or reward, deliver such body or bodies to said 
board, or its duly authorized officers or agent, and permit and 
suffer the said board or its agents, or the physicians and sur- 
geons from time to time designated by it or them, to comply with 
the provisions of chapter seventeen of the revised statutes, to 
take and remove any and all such bodies to be used within the 
state for the advancement of medical education ; but no such 
notice need be given and no such body shall be delivered, if any 
person, satisfying the authorities in charge of said body that he 
or she is a member of the family of or next of kin to the 



524 OVERSEERS OF THE POOR. 

deceased, shall claim the body for burial, but it shall be sur- 
rendered to him or her for interment, and no notice shall be 
given and no body delivered to said board or its agents, if such 
deceased person was a traveler and not a vagabond who died 
suddenly, in which case the said body shall be buried. R. S. 
c. 17, § 3. 

The town in which a pauper has his settlement, is not liable 
to an action by the town relieving him until the expiration of 
two months after notice given pursuant to the statute. 3 
Me. 453. 

When a man has a wife and children under his immediate 
care and protection, and with his family is unable to support 
himself and them, he is to be considered a pauper. 15 Me. 363. 

Where one town furnishes supplies to a pauper having his 
legal settlement in another, the cause of action accrues at the 
time of the delivery of notice that the expenses have been thus 
incurred, and the statute of limitations of two years, within 
which the action must be begun, begins to run at that time. 16 
Me. 384. 

Expenses incurred for the protection of inhabitants of the 
town from the small-pox, and to prevent the spread of conta- 
gious diseases, cannot be recovered of the sick person, but must 
be borne by the town thereby to be benefited. 19 Me. 221. 

An action by a town, wherein a pauper is found in need of 
immediate relief, may be maintained, to recover the expenses 
incurred against the town in which his settlement may be, as 
soon as the town notified has returned an answer denying that 
the settlement of the pauper was in their town and their liability 
for the expenses, although commenced within two months after 
notice given. 26 Me. 461. 

When persons having settlements in other towns fall into dis- 
tress and stand in need of immediate relief, the overseers of the 
poor need not inquire or consider whether such persons have or 
have not property for any other purpose, than to enable them to 
determine that fact. 27 Me. 493. 

If supplies are furnished by the overseers of the poor of a 
town to a person alleged to be a pauper having a settlement in 
another town, their opinion or adjudication that the supplies 
furnished were necessary, although made in good faith, is not 
conclusive of that fact in a suit to recover the value of such sup- 
plies. 28 Me. 289. 



OVERSEERS OF THE POOR. 525 

It is within the scope of the official powers of overseers of the 
poor to adjust and pay claims against their town, made for sup- 
porting any of their paupers by another town. 29 Me. 313. 

Notice to the defendant town must be signed in the name of 
the overseers of the poor, or of some one of them in their behalf. 
33 Me. 453. 

A town having relieved a person who has no settlement in the 
state is under no further obligation when that person removes to 
another town and there falls into distress. 38 Me. 476. 

An action to recover for supplies furnished a pauper may be 
brought within two years after two months have expired from the 
time of giving notice, where no answer is returned, and where 
an answer is returned denying liability, within two years from 
the return of the answer. 40 Me. 287. 

A. and his wife and children, while residing in Bangor, were 
furnished supplies as paupers ; the husband having no settlement 
in the state, the wife and children having a settlement in the 
town of Hampden. Held, that the latter town was liable for 
such part of the supplies as were used by the wife and children, 
but not for such as were used by the husband. 41 Me. 484. 

If a town chargeable makes payment for supplies furnished a 
pauper upon due notice, a new notice is necessary to charge it 
for further supplies furnished to the pauper. 46 Me. 558. 

Where a notice is signed as selectmen and it does not appear 
that other persons were chosen as overseers of the poor, it will 
be presumed that the selectmen acted in that capacity, and the 
notice held sufficient. 48 Me. 353. 

Overseers are to relieve persons destitute found in their towns 
and having no settlement therein. The relief must be reason- 
able and proper. The statute does not prescribe the manner in 
which this relief shall be administered. This must be left to the 
sound discretion of the overseers. 49 Me. 550. 

Cities and towns furnishing supplies to the families of soldiers 
under the act of eighteen hundred and sixty-one, chapter sixty- 
three, have no action against the city or town where the soldier 
whose family has received supplies has his settlement. 50 Me. 

518. 

The forcible removal of the family of a volunteer soldier to the 
town of their legal settlement, by the overseers of the poor of the 
town, would be an unauthorized act for which they would be 
answerable in damages. 51 Me. 603. 



526 OVERSEERS OF THE POOR. 

One notice is sufficient where the supplies are furnished occa- 
sionally, the same as if furnished continuously. 53 Me. 38. 

The cause of action for the support of an insane pauper, who 
is not an inhabitant of the town, originates when the expenses 
incurred at the insane hospital by a town are paid to the hospital, 
and the statute of limitations then begins to run. 62 Me. 247. 

Ratification by a majority of the board of overseers makes 
valid the action of one of their number in furnishing supplies to 
one falling into distress. 64 Me. 415. 

For every new action for pauper supplies furnished by a town, 
a new preliminary notice must be given. 67 Me. 533. 

In an action for pauper supplies, the ability of kindred to con- 
tribute to a pauper's support cannot be set up in defense by the 
town or city where the pauper has his settlement. Actual pa}~- 
ment for the supplies furnished is not essential to create a cause 
of action for them. 85 Me. 282. 

The statute authorizes the recovery only of the expenses of 
relieving persons destitute, and of their removal or burial. 
Expenses incurred by a town to protect its inhabitants or the 
public from danger of hurt by paupers are not recoverable under 
the pauper statute. 102 Me. 38. 

The notice to be given by one town to another under the 
provisions of the foregoing section of the revised statutes, is not 
required to be of any particular form, and when such notice is 
accompanied by an explanatory letter the notice and the letter 
should be construed together and if they together contain the 
essential information required by the statute they constitute a 
sufficient notice if properly addressed and signed. 103 Me. 496. 

A recovery in such an action against a town estops it from 
disputing the settlement of the pauper with the town recovering, 
in any future action brought for the support of the same pauper. 
R. S. c. 27, § 38. 

Overseers shall send a written notice, signed by one or more 
of them, stating the facts respecting a person chargeable in their 
town, to the overseers of the town where his settlement is alleged 
to be, requesting them to remove him, which they may do by a 
written order directed to a person named therein, who is author- 
ized to execute it. R. S. c. 27, § 39. 

When, in consequence of a notice to the overseers of the town 
in which a pauper has his settlement, they provide for him ; if 
the pauper afterwards receives aid from the same town which 



OVERSEERS OF THE POOR. 527 

gaA'e the notice, a new notice is necessary in order to charge the 
town of the pauper's settlement. 12 Mass. 316 ; 14 Mass. 186. 

Where a town in which a pauper had his settlement, being duly 
notified pursuant to the statute, paid the expenses of his support 
and removed him, but before he reached the place of his settle- 
ment he returned to the town where he had been removed, 
where he again became chargeable. Held, that the town in 
which he had his settlement was not liable for the expenses 
accruing after his return, without a new notice. 1 Me. 228. 

For every new action for supplies furnished by a town, a new 
notice must be given within two years and two months at most 
before the suit is commenced, even though a former action 
between the same parties for the support of the same pauper is 
still pending. 53 Me. 40. 

A notice that "S. and his family," or that "S. and several of 
his children" are chargeable, is sufficient as to the husband and 
wife only under a statute which requires that the notice that 
persons have become chargeable as paupers, should state the 
names of such persons, or otherwise so describe them, as that 
the overseers may certainly know whom to remove. It is insuffi- 
cient as to the children. 1 Me. 329. 

When a man has a wife and children under his immediate 
care and protection, and with his family is unable to support 
himself and them, he is to be considered a pauper, within the 
meaning of the revised statutes of eighteen hundred and twenty- 
one, chapter one hundred and twenty-two. In such case if the 
notice be applicable only to the man himself, the amount ex- 
pended for his support can be recovered by the town furnishing 
the supplies. 15 Me. 363. 

A notice signed by the chairman of the selectmen eo nomine 
is sufficient, and it will be presumed that the town did not choose 
overseers of the poor, unless the contrary appears. 3 Me. 197. 

The notice required by statute may properly be sent or delivered 
to such persons or any one of them as appear by the records of 
the town to be notified to be overseers of the poor for the cur- 
rent year. 4 Me. 475. 

A notice under the statute is sufficient, if it be signed by one 
overseer of the poor in behalf of all. 15 Me. 169. 

The arrival of a notice at the post office in the town to which 
it was directed is made by statute eighteen hundred and thirty- 
five, chapter one hundred and forty-nine, equivalent to a delivery 



528 OVERSEERS OF THE POOR. 

to the overseers, and the two months within which an answer is 
to be returned begins from the date of such arrival. 21 Me. 

298. 

A notice of a certain tenor held to be sufficient. 26 Me. 61. 

A notice sufficient as to a wife will not be held invalid because 
it is coupled with a defective notice as to others. 31 Me. 125. 

When no answer to a notice is returned by the defendant 
town, the cause of action for supplies furnished accrues at the 
expiration of two months from the time notice is given. 41 Me. 
594. Overruled. 53 Me. 43. 

The giving of a new notice is not a waiver of any rights 
acquired under the first notice given. 45 Me. 405. 

The deposit in the post office of a notice to a town that one 
of its inhabitants has become chargeable as a pauper is evidence 
only of delivery, not of the contents of the notice. 46 Me. 460. 

After payment for all supplies furnished up to the time of the 
notice, a new notice is necessary to charge the town for further 
supplies to the pauper. 46 Me. 560. 

Where no payment has been made one notice is sufficient. 
48 Me. 356. 

Where a pauper has died, the failure in the notice to request 
a removal does not invalidate it, nor does the absence of a date, 
it being proved that the notice arrived at the post office in the 
town chargeable before the expiration of the three months from 
the time the supplies were furnished and the funeral expenses 
paid. 48 Me. 416. 

A town cannot give a notice that will charge another town 
for pauper supplies furnished subsequent to such notice, unless 
actual pauper supplies had been furnished prior thereto. 5(> 
Me. 11. 

A written notice signed by the city clerk "for the overseers of 
the poor" is not a sufficient compliance with the statute, although 
done under the instructions of the overseers. 59 Me. 293. 

A notice containing a misstatement of material facts is not a 
compliance with the statute. 63 Me. 582. 

The failure of the overseers of the poor of the defendant town 
to return an answer to the notice sent to them by the overseers of 
the poor of the plaintiff town, estops the defendants to deny that 
the pauper had a settlement in the defendant town notwith- 
standing the pauper has not been removed to the latter town ; 



OVERSEERS OF THE POOR. 529 

such a removal, or a reasonable excuse for not making it, is not 
essential to create the estoppel provided by chapter twenty-seven, 
section thirty-nine of revised statutes. 72 Me. 203. 

Form of Notice. 

To the overseers of the poor of the town of , in the county of , 

in the State of Maine : 
Gentlemen : 
You are hereby notified that A. B., an inhabitant of your town, having 

fallen into distress, and in need of immediate relief, in the town of , 

the same has been furnished by said town on the account and at the proper 

charge of the town of , where said A. B. has his legal settlement ; you 

are requested to remove said A. B., or otherwise provide for him, without 

delay, and to defray the expense of his support in said town of . The 

sums expended for his support up to this date are . 

Dated at , this day of , A. D. 19 — . 

C. D., ) 

E. F., > Overseers of the Poor of . 

G. H., ) 

Form of Denial of Settlement, in Answer to a Notice. 

To the overseers of the poor of the town of : 

Gentlemen : 

Your letter [or notice] of the instant, stating that A. B. has fallen 

into distress, and been furnished relief by your town, at the charge of the 

town of , was duly received. Upon inquiry we are satisfied that this 

town is not the place of the lawful settlement of the said A. B. We cannot, 
therefore, cause his removal, nor contribute towards his support. 

Dated . 

Yours, with respect, 

CD) 

y t?" 1 ( Overseers of the Poor 
p' u' 1 \ of the Town of . 

Overseers receiving such notice shall within two months, if 
the pauper is not removed, return a written answer signed by 
one or more of them, stating their objections to his removal ; 
and if they fail to do so, the overseers requesting his removal 
may cause him to be removed to that town, in the manner pro- 
vided in section thirty-nine of chapter twenty-seven of the 
revised statutes ; and the overseers of the town to which he is 
sent shall receive him and provide for his support; and their 
town is estopped to deny his settlement therein, in an action 
brought to recover for the expenses incurred for his previous 
support and for his removal. R. S. c. 27, § 40. 

34 



530 OVEESEERS OF THE POOK. 

The town in which the pauper has a settlement is not liable 
to an action by the town relieving him until the expiration of 
two months after notice. 3 Me. 454. 

Supplies furnished by order of one of a board of overseers, 
acting under a parol agreement with the rest of the board as to 
the manner of executing their office, are supplies furnished "by 
some town" within the statute (eighteen hundred and twenty- 
one, chapter one hundred and twenty-two, section three). 4 Me. 
298. 

The provisions of the statute that failure to answer the notice 
bars the defendant town from contesting the question of settle- 
ment does not apply to cases where the settlement can be shown 
to be in the town giving the notice. 5 Me. 31. 

The answer to a notice will not furnish a basis of defense 
except as to those persons named therein. 30 Me. 213. 

The suit must be commenced within two years after an answer 
denying liability is returned, or, if no answer is returned, within 
two years after the expiration of the two months from the time 
of giving notice, which the law allows the defendant town to 
return an answer. 53 Me. 43. 

A town having notice that A. B. and his wife and children 
have become chargeable as paupers is not estopped to deny the 
settlement of the alleged wife and children, unless it appeared 
that they were the wife and children of A. B. 63 Me. 582. 

The failure of a town to return an answer to the notice estops 
it to deny that the pauper had a settlement within it, notwith- 
standing the pauper has not been removed to the town ; such a 
removal or a reasonable excuse for not making it is not essential 
to create the estoppel provided by the statute. 72 Me. 205. 

It is immaterial to the issue how the pauper came into the 
town. If supplies have been furnished, the town furnishing 
them, after following the requirements of the law, may recover 
of the town in which the pauper relieved has his settlement 
compensation for the supplies thus furnished. 75 Me. 209. 

When a written notice or answer provided for in this chapter 
is sent by mail, postage paid, and it arrives at the post office 
where the overseers to whom it is directed reside, it is sufficient. 
R. S. c. 27, § 41. 

Where it was proved, that a notification, stating the facts in 
relation to a pauper, as required by the act for the settlement 
and relief of the poor, and properly directed to the overseers of 



OVERSEERS OF THE POOR. 531 

the town where his settlement was alleged to be, was put into 
the post office on a certain day, and did arrive at the post office 
in the town to which it was directed, and was actually received 
by the overseers, but the precise day did not appear ; held, that 
in the absence of all other evidence, the presumption of law 
was, that the notice was received in due course of mail. The 
arrival of the notice at the post office in the town to which it is 
directed, is made by statute equivalent to a delivery to the over- 
seers, and the two months within which an answer is to be 
returned, commenced from such arrival of the notice. 21 Me. 
298. 

When the date of mailing or receiving the notice is estab- 
lished, the absence of date in such notice is not material. 48 
Me. 122. 

When the removal of a pauper to the town of his alleged set- 
tlement is sought, under section thirty-nine, and the person to 
whom the order of the overseers is directed, requests him to go 
with him in obedience thereto, and he refuses to go, or resists 
the service of such order, the person to whom it is directed may 
make complaint in writing, by him signed, of the facts aforesaid, 
to any judge of a police or municipal court or trial justice within 
the county where said pauper is then domiciled. Said magis- 
trate shall thereupon, by proper order or process, cause said 
pauper to be brought forthwith before him by any officer to 
whom the same is directed, to answer said complaint and show 
cause why he should not be so removed. The complaint may 
be amended at any time before judgment thereon, according to 
the facts. The complainant and the pauper shall both be heard, 
and if upon such hearing the magistrate finds that the town to 
which it is proposed to remove such pauper is liable for his 
maintenance and support, he shall issue his order, under his 
hand and seal, commanding the person to whom it is directed to 
take said pauper and transport him to the town aforesaid, and 
deliver him to the custody of the overseers of the poor thereof. 
The person to whom said last named order is directed shall have 
all the authority to execute the same according to the precept 
thereof, that the sheriff or his deputy has in executing warrants 
in criminal proceedings. In the foregoing proceedings, the fees 
and costs shall be the same as for like services in criminal cases, 
and shall be paid by the town seeking to remove such pauper. 
R. S. c. 27, § 42. 

Where the complaint was made directly by one of the over- 
seers, substantially that the overseers did not upon search rind 



532 OVERSEERS OF THE POOR. 

the pauper; that she evaded them, and avoided arrest, Held : 
That the warrant issued upon such complaint was unauthorized 
by the statute and utterly void. 76 Me. 128. 

A person removed, as provided in this chapter, to the place 
of his settlement, who voluntarily returns to the town from 
which he was removed, without the consent of the overseers, 
may be sent to the house of correction as a vagabond. R. S. c. 
27, § 43. 

On complaint of overseers, that a pauper chargeable to their 
town has no settlement in the state, any judge of a municipal or 
police court, or trial justice, may, by his warrant directed to a 
person named therein, cause such pauper to be conveyed, at the 
expense of such town, beyond the limits of the state to the 
place where he belongs ; but this section does not apply to the 
families of volunteers enlisted in the state, who may have been 
mustered into the service of the United States. R. S. c. 27, 
§44. 

Upon the death of a pauper then chargeable, the overseers 
may take into their custody all his personal property, and if no 
administration on his estate is taken within thirty days, they 
may sell so much thereof, as is necessary to repay the expenses 
incurred. They have the same remedy to recover any property 
of such pauper, not delivered to them, as his administrator 
would have. R. S. c. 27, § 48. 

For all purposes provided for in this chapter, its overseers, or 
any person appointed by them in writing, may prosecute and 
defend a town. R. S. c. 27, § 49. 

Whoever keeps a house of ill fame, resorted to for prostitu- 
tion or lewdness, shall be punished by imprisonment for not less 
than one year, and by fine not exceeding five hundred dollars ; 
and if after conviction he is again convicted, he shall be pun- 
ished by imprisonment for not less than one, nor more than 
three years. The municipal officers and constables of towns 
and cities, and assessors of plantations, are required promptly to 
enforce the laws against such houses, and to make complaint 
against any person within their respective municipalities, where 
there is probable cause to believe such person guilty of a viola- 
tion of this section. A person, convicted of keeping such a 
house, before a municipal or police court or trial justice, may be 
sentenced to the house of correction or jail not exceeding one 
month. And such person shall not be allowed to keep boarders 
or lodgers without a license from the overseers of the poor of 



OVERSEERS OF THE POOR. 533 

the town, who shall prosecute for such offense, all whom they 
have good reason to suspect to be guilty. R. S. c. 125, § 9. 

When an overseer of the poor, police officer, constable, par- 
ent, master or guardian, has reason to believe that a female has 
been inveigled or enticed to a house of ill fame as aforesaid, he 
may complain on oath to a competent magistrate who may issue 
his search warrant as in other cases, to enter such house by day 
or night, search for such female, and bring her and the person 
in whose keeping she is found, before him and may order her to 
be delivered to the complainant or to be discharged, as law and 
justice require. R. S. c. 125, § 11. 

When a person in their town, notoriously subject to habits of 
intemperance, is in need of relief, the overseers shall make com- 
plaint to a judge of a municipal or police court, or trial justice 
in the county, who shall issue a warrant and cause such person 
to be brought before him, and upon hearing and proof of such 
habits, he shall order him to be committed to the house of cor- 
rection, to be there supported by the town where he has a settle- 
ment, and if there is no such town, at the expense of the 
county, until discharged by the overseers of the poor in which 
the house of correction is situated, or by two justices of the 
peace. R. S. c. 27, § 46. 

If the overseers cause a citizen to be arrested and restrained, 
upon an unwarranted assumption of facts, they are answerable in 
damages. The statute says "notoriously subject to habits of 
intemperance" and who "is in need of relief." Upon writ of 
habeas corpus the court will inquire into the facts and discharge 
the person if the facts are not satisfactorily established, or if 
there be no further occasion for his detention. 11 Me. 212. 

In bastardy complaints, no woman, whose accusation and 
examination on oath have been taken by a justice of the peace 
at her request, shall make a settlement with the father, or give 
him any discharge to bar or affect such complaint, if objected to 
in writing by the overseers of the poor of the town interested in 
her support or the child's. ■ R. S. c. 99, § 8. 

The town has no right, except by consent of the woman, to 
settle with the father, or give him a discharge to bar or affect 
such complaint. The property of a pauper does not rest in the 
town or overseers of the poor upon receiving supplies. 18 
Me. 151. 

The time of making the objection under the provisions of the 
foregoing statue is not stated. The court holds that the objec- 



534 OVERSEERS OF THE POOR. 

tion is seasonably made, if made at the trial of the respondent 
on the complaint. 61 Me. 405. 

When the overseers of the poor of a town, liable for the 
expenses of examination of a patient and his commitment to 
either hospital, are notified by mail by the superintendent, that 
he has recovered from his insanity, they shall cause him to be 
removed to their town ; and if they neglect it for fifteen days, 
the superintendent shall cause it to be done at the expense of 
such town. R. S. c. 144, § 27. 

Fines imposed for injuring gardens, orchards, fields or enclos- 
ures, shall be paid over to the overseers of the poor, for the poor 
of the town where such conviction is had. R. S. c. 128, § 16. 

No license to sell the estate of any ward, not a minor or insane, 
shall be granted, unless the applicant produces to the court a 
certificate under the hands of the overseers of the poor of the 
town where the ward resides, if in the state, giving their consent 
to the sale, and their opinion as to the amount proper to be 
raised thereby, excluding debts contracted by gambling ; and if 
applicable to the case, whether it is necessary to sell a greater 
amount in value of land to prevent injury to the residue. R. S* 
c. 73, § 9. 

All bills for support of state paupers shall be filed with the 
governor and council within three months after the same are 
contracted, and no such bills shall be allowed unless they are so 
filed within thirty days after the thirty-first day of December of 
the year in which they are contracted. P. L. 1907 c. 113. 

The revised statutes shall not be construed to make any town 
liable for relief furnished to an alien or his family since said 
statutes went into effect, but relief furnished any such person 
shall be within the provisions of section thirty-three of chapter 
twenty-seven. P. L. 1905 c. 142. 



DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 535 



CHAPTER LXX, 



DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 

The father, mother, grandfather, grandmother, children, and 
grandchildren, by consanguinity living within the state and of 
sufficient ability, shall support persons chargeable in proportion 
to their respective ability. R. S. c. 27, § 17. 

Any person aggrieved by any direction of judgment of the 
court may allege exceptions. 23 Me. 420. 

By the statute, kindred by consanguinity, living within this 
state, and of sufficient ability, are liable for the support of pau- 
pers. But an illegitimate child, in the eye of the law, is filius 
nuUius, and has no kindred by consanguinity. Such a person, 
at common law, could have no heirs but of his own body. It is 
only by express provision of statute that the mother of such a 
person can inherit his estate. The reputed father is not recog- 
nized, in law, as of kindred blood ; and is only liable for the 
support of the child by special statutes. And such statutes are 
not to be construed as extending the line of kindred beyond the 
parties expressly named. If, therefore, the pauper in this case 
is an illegitimate child, the defendant is not liable for his sup- 
port. 45 Me. 370. 

The complaint against kindred of a pauper to compel them to 
contribute to his support should be in the name of the city or 
town in which the pauper resides. 51 Me. 414. 

Where judgment has been rendered in favor of the overseers 
of the poor of such town on their complaint, the judgment can- 
not be revived by scire facias in the name of the town, — although 
the town is beneficially interested in its enforcement, — even if 
this were the proper process by which to obtain a warrant of 
distress under the statute. lb. 

A grandfather not of sufficient ability to support his grand- 
child, in whole or in part, stands in the same position as other 
inhabitants of the town in which he resides. 53 Me. 60. 



536 DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 

If otherwise within the provisions of section forty-five of 
chapter forty-seven of the revised statutes a grandfather may 
recover of the town for the expenses necessarily incurred in 
relieving his grandchild ; and, if he has hired him kept, the 
expenses actually paid out. If of sufficient ability to contribute 
partial support, he can recover only that part of the support 
which he cannot supply. lb. 

One of the kindred of a pauper, assessed and apportioned a cer- 
tain sum for the support of the pauper, desiring to be released 
from that obligation, upon the ground that he is not of sufficient 
ability to pay it, must tile his petition under the requirements of 
the revised statutes, for a modification of the decree in the county 
where the same was originally entered. 64 Me. 202. 

In an action for pauper supplies the ability of kindred to con- 
tribute for the support for a pauper cannot be set up in defense 
by the town or city where the pauper has his legal settlement. 
85 Me. 282. 

A town or any kindred, who have incurred expense for the 
relief of a pauper, may complain to the supreme judicial court 
in the county where any of them resides : and the court may 
cause such kindred to be summoned, and upon hearing or 
default, may assess and apportion a reasonable sum upon such 
as are found to be of sufficient ability for the support of such 
pauper to the time of such assessment, and may enforce pay- 
ment thereof by warrant of distress. Such assessment shall not 
be made to pay any expense for relief afforded more than six 
months before the complaint was filed. R. S. c. 27, § 18. 

The overseers of the poor of a town complained to the court 
against the grandfather of a pauper chargeable to that town, to 
whose support they alleged that he was of sufficient ability to 
contribute ; and for that purpose prayed process against him. 
In that court he moved for a trial of the question of his ability, 
by the jury. The judge overruled the motion on the ground 
that it was a question to be determined by the court. 5 Me. 
324. 

The contingent statutory liability which a son is under to 
reimburse the town of his mother's pauper settlement for sup- 
plies furnished to her, is not of sufficient consideration for his 
promise to the town to pay the same. Nor is his moral obliga- 
tion of sufficient consideration. Where in such case the town 
relied upon the promise and omitted to prosecute its statutory 



DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 537 

claims for reimbursement within the time limited by the statute, 
the promisor is not estopped to deny liability. 98 Me. 531. 

It has been held that the phrase "sufficient ability" refers as 
well to capacity or skill to earn or acquire money, as to property 
actually owned. Ability and refusal to support constitute one 
act of delinquency, and where a man has physical and mental 
power to acquire means he conies within the intent of the law. 
TO Wis. 473. 

Under a statute which provides that the father, mother and 
children, "of sufficient ability," of a poor person unable to main- 
tain himself, must maintain him, the court held the words "of 
sufficient ability" as used in the statute, should be construed as 
synonymous with the words "is shown to have means." 145 
N. Y. 350. 

The supreme court of Maine has not construed the words 
"sufficient ability." Courts of other states having similar 
statutes have held that a person is not to be considered of "suf- 
ficient ability" to support a relative, though he has property, 
where the effect of compelling him to do so would be in a short 
time to render him a pauper. The ability is to be determined 
by his annual income, and not by his actual wealth. He cannot 
be compelled to intrench upon his capital for such purpose, 
whereby he might himself be reduced to pauperism. 2 Pa. Co. 
Ct. 664; 1 R. 1.409; 6 Honst. (Del.) 330 ; 30 N. H. 9; 64 
Amer. Dec. 275; 4 N. H. 94. 

The supreme court of Massachusetts has not followed the rule 
as stated in the preceding paragraph. The court says : "Each 
case of the kind must depend upon its own special circumstances, 
and to a large extent also upon the discretion of the court." It 
is a question of present ability, not ability to pay assessments 
under all the uncertain contingencies which might happen in the 
future. It is to be judged of with reference to the existing 
state of things, and to the present state of the defendant's prop- 
erty and debts, his income and probable earnings, and his present 
reasonable expenses. The court has power, on application, to 
revise and alter the assessment, if in the course of time it shall 
be found to be burdensome and oppressive. 128 Mass. 139, 

A farmer whose real estate was worth from one thousand to 
eighteen hundred dollars, whose personal property was valued 
at from two hundred to five hundred dollars, and whose debts 
were seven hundred dollars more than the debts due to him, 
was not to be considered as of sufficient ability to be a proper 



538 DUTY OF KINDRED TO SUPPORT POOR RELATIVES. 

subject of this process. Under such an assessment his income- 
would be insufficient for his support, and therefore he should be 
excused from that additional burden. 4 N. H. 158. 

A farmer ought not to be called on in this manner, who can- 
not from his farm, with his own labor and the assistance of his 
family, maintain himself, his wife and children, and pay the 
interest of his debts. 4 N. H. 86. 

Such complaint may be filed with the clerk of the court, who 
shall issue a summons thereon, returnable and to be served as- 
writs of summons are ; and on suggestion of either party that 
there are other kindred of ability not named, the complaint may 
be amended by inserting their names, and they may be sum- 
moned in like manner, and be proceeded against as if originally 
named. R. S. c. 27, § 19. 

The court ma} 7 assess and apportion upon such kindred a sum 
sufficient for the future support of such pauper, to be paid quar- 
terly, until further order ; and may direct with whom of such 
kindred consenting thereto, and for what time, he may dwell, 
having regard to his comfort and their convenience. On appli- 
cation of the town or person to whom payment was ordered, the 
clerk may issue or renew a warrant of distress returnable to the 
next term of court, to collect what may be due for any preceding" 
quarter. R. S. c. 27, § 20. 

The court may, from time to time, make any further order on 
complaint of a party interested, and after notice given, alter such 
assessment or apportionment. On failure to sustain a complaint,, 
the respondents recover costs. R. S. c. 27, § 21. 

A man is liable to support his wife and children. A town 
furnishing them relief as paupers can recover therefor from him. 
14 Mass. 227 ; 5 Gray 28 ; 160 Mass. 149. 



CHAPTER LX. 



BASTARD CHILDREN AND THEIR MAINTENANCE. 

When a woman pregnant with a child, which, if born alive,, 
may be a bastard, or who has been delivered of a bastard child, 
accuses any man of being the father thereof, before any justice 
of the peace, and requests a prosecution against him, such justice- 



BASTARD CHILDREN AND THEIR MAINTENANCE. 539 

shall take her accusation and examination on oath, respecting 
the accused, and the time and place when and where the child 
was begotten, as correctly as they can be described, and such 
other circumstances as he deems useful in the discovery of the 
truth. R. S. c. 99, § 1. 

Prosecutions under this statute are not local; but they may be 
instituted in the county where the mother resides, notwithstand- 
ing the child was begotten and born in another county. 6 
Me. 460. 

The accusation and complaint may be made after the birth of 
the child (16 Me. 38), and need not be separate instruments. 
18 Me. 304. 

The complaint need not allege that the complainant accused 
the putative father during her travail (8 Me. 163), or the precise 
time when the child was begotten ; but if charged as having 
been done between the first and fifteenth of a specific month, it 
is sufficient. 39 Me. 469. 

If the complainant be under twenty-one years of age, she 
need not act by guardian or prochein ami ; nor can her guardian 
control or dismiss the proceedings. 18 Me. 372. 

If the mother marry before prosecution, and one be afterwards 
instituted, the husband should join in the complaint. 16 Me. 38. 

It is a sufficient description of place in a declaration in a bas- 
tardy complaint to allege that the child was begotten ''at the 

shop of , in Waldoboro in the county of Lincoln." 81 

Me. 63. 

Original complaint and magistrate's record may be put in evi- 
dence to show compliance with preliminary statutory require- 
ments. 100 Me. 517. 

He may issue his warrant for the apprehension of the accused, 
directed to the sheriff of any county in which the accused is 
supposed to reside, or to either of his deputies, accompanied by 
such accusation and examination. R. S. c. 99, § 2. 

Officers may pursue and arrest respondent in another county. 
See R. S. c. 82, § 68. 

When the accused is brought before such or any other justice, 
he may be required to give bond to the complainant, with suffi- 
cient sureties, in such reasonable sum as the justice orders, con- 
ditioned for his appearance at the next term of the supreme 
judicial or superior court for the county in which she resides, 
and for his abiding the order of the court thereon ; and if he 



540 BASTARD CHILDREN AND THEIR MAINTENANCE. 

does not give it, he shall be committed to jail until he does. 
The cost of commitment and board of the accused while so in 
jail shall be paid by the county in which said jail is situated. If 
he gives the required bond after said commitment, he shall be 
liberated upon the payment of cost of commitment and board. 
R. S. c. 99, § 3. 

The security taken to compel the alleged father's appearance 
at the court should be a bond, and not a recognizance. The 
bond is not essential to give jurisdiction to the court, if the 
defendant appear in person or by attorney. 2 Me. 165. 

A breach of the bond prescribed in section three, obliges the 
obligor to pay such money as the court shall order for the main- 
tenance of the child as well as to give the new bond for the per- 
formance of such order. 3 Me. 433. And where after giving 
such bond the defendant was committed for failing to comply 
with the order of court for the maintenance of the child and to 
furnish other security, and subsequently discharged by taking 
the poor debtor's oath, the sureties were not thereby discharged. 
19 Me. 409. 

A judgment of affiliation does not, in a suit upon the bond, 
preclude the defendant from- questioning its validity. 26 
Me. 378. 

On a warrant, issued April, 1867, ordering the arrest and 
return of the respondent before a trial justice "to find sureties 
for his appearance at the next term of the supreme judicial 
court to be holden — on the third Tuesday of September, 1867," 
the respondent was arrested July, 1868, when he gave bond in 
due form for his appearance at the September term, 1868, at 
which term he seasonably filed a motion to quash the proceed- 
ings : Held, (1) That the delay beyond the first term in arrest- 
ing the respondent did not vitiate the complaint and warrant ; 
(2) That the words "on the third Tuesday of September, 1867," 
may be rejected as surplusage, and leave sufficient to authorize 
the subsequent proceedings ; and (3) The fact that the arrest 
was not made until after the birth of the child did not vitiate the 
warrant issued before birth. 56 Me. 414. 

Bastardy complaints are civil actions to be brought in the 
county where the complainant resides. 85 Me. 285. 

If at such next or any subsequent term, the complainant is 
not delivered of her child, or is unable to attend court, or shows 
other good reason, the cause may be continued ; and the bond 
shall remain in force until final judgment, unless the sureties of 



BASTARD CHILDREN AND THEIR MAINTENANCE. 541 

the accused surrender him in court at any time before final judg- 
ment, which they may do, and thereupon they shall be dis- 
charged ; and he shall be committed until a new bond is given. 
R. S. c. 99, § 4. 

A surrender at the office of the clerk of a court or to the 
sheriff or jailer after adjournment on the last day of the term at 
which judgment is rendered, is not a compliance. It must be in 
court while in session and before final judgment. 76 Me. 247. 

On a complaint under the bastardy statute, the adjudication 
and order of the presiding justice, that the defendant is adjudged 
the father of the child, and that he stand charged with its main- 
tenance, with the assistance of the mother, constitute the "final 
judgment" ; the time of the announcement and entry thereof in 
court is the date of the judgment; and no surrender of the 
defendant on any day thereafter in court will discharge the sure- 
ties on his bond. 80 Me. 354. 

Before proceeding to trial, the complainant must file a decla- 
ration, stating that she has been delivered of a bastard child 
begotten by the accused, and the time and place when and 
where it was begotten, with as much precision as the case 
admits ; and that being put on the discovery of the truth during 
the time of her travail, she accused the respondent of being the 
father of the child, and that she has been constant in such accu- 
sation. R. S. c. 99, § 5. 

Bastardy pertains to the civil and not to the criminal depart- 
ment of the law. 36 Me. 486. 

If the declaration allege that the child was begotten on or 
about a certain specified day it is sufficient ; and it is no ground 
for a new trial that the jury found the child was begotten at a 
later time than that charged. 39 Me. 469. 

The plea to the merits is "not guilty." 1 Me. 304. 

Accusation during travail is a condition precedent to right of 
recovery. 83 Me. 146. 

Constancy in accusation after it is formally made is also a con- 
dition precedent to the right of recovery. Prior inconstancy 
affects only her credibility as a witness. 92 Me. 125. 

When the complainant has made said accusation ; been exam- 
ined on oath as aforesaid, been put upon the discovery of the 
truth of such accusation at the time of her travail, and there- 
upon has accused the same man with being the father of the 



542 BASTARD CHILDREN AND THEIR MAINTENANCE. 

child of which she is about to be delivered : has continued con- 
stant in such accusation, and prosecutes him as the father of 
such child before such court ; he shall be held to answer to such 
complaint ; and she ma} 7 be a witness in the trial. R. S. c. 99, 
§6. 

A complainant in bastardy is a competent witness to testify to 
any fact within her knowledge, essential to her cause, without 
first showing that, "being put upon the discovery of the truth, 
during the time of her travail, she accused the respondent of 
being the father of the child"; 56 Me. 317; but such an accu- 
sation is a condition precedent to her right to prosecute the 
respondent. 44 Me. 342; 56 Me. 317; 83 Me. 146. 

It must be made during travail and before delivery. 6 Me. 
460 ; 35 Me. 433 ; 39 Me. 469. It need not be in answer to 
any inquiry, but if she intelligibly mentions the fact that the 
respondent is the father of the child it is sufficient, without 
stating when and where the child was begotten. 57 Me. 489 ; 
8 Me. 163 ; 55 Me. 360. 

The constancy mentioned in the statute has reference only to 
the man ; and any inconstancy as to the time or place affects 
only her credibility. 18 Me. 304. So with a prior accusation 
accusing another man. 23 Me. 573 ; 92 Me. 125. 

The statute in bastardy proceedings requires an accusation 
during travail of the complainant as a condition precedent to 
the right of recovery. The court admitted evidence of the fact 
by the testimony of an attendant at the time of travail. 83 
Me. 146. 

If, on such issue, the jury finds the respondent not guilty, he 
shall be discharged ; but if they find him guilty, or the facts in 
the declaration filed are admitted by default or on demurrer, he 
shall be adjudged the father of such child ; stand charged with 
its maintenance, with the assistance of the mother, as the court 
orders ; and shall be ordered to pay the complainant her costs of 
suit and for the expense of her delivery, and of her nursing, 
medicine and medical attendance, during the period of her sick- 
ness and convalescence, and of the support of such child to the 
date of rendition of judgment ; and shall give a bond, with 
sufficient sureties approved by the court, to the complainant to 
perform said order, and a bond, with sufficient sureties so 
approved, to the town liable for the maintenance of such child, 
and be committed until he gives them. The latter bond shall 
be deposited with the clerk of courts for the use of such town. 



BASTARD CHILDREN AND THEIR MAINTENANCE. 543 

If the respondent does not comply with that part of the order rela- 
tive to payment of expenses and costs of suit, execution may 
issue therefor as in actions of tort. R. S. c. 99, § 7. 

The respondent may testify as a witness in his own behalf ; 
44 Me. 342; but where he has submitted to the jurisdiction of 
the court, and filed a general demurrer, he cannot, under his 
plea, avail himself of defects in the preliminary proceedings 
before the magistrate. 45 Me. 549. 

If the papers show the allegations sufficient, if proved to 
entitle the complainant to a judgment of filiation against the 
respondent, such judgment will be ordered on demurrer. If, 
pending a complaint in bastardy, and before trial, the child 
dies, the putative father is, nevertheless, chargeable with the 
expenses prior to its death. 37 Me. 546. 

If default is made before and judgment of paternity after 
filing of the declaration, it is not error. 70 Me. 414. 

Execution will not issue for amount due under order of court 
for support. 72 Me. 254. 

In a bastardy suit the burden of proof to establish the pater- 
nity of the child is on the complainant. The child cannot be 
exhibited to the jury, as evidence that the defendant is its 
father. 80 Me. 454 ; 81 Me. 348. 

No woman, whose accusation and examination on oath have 
been taken by a justice of the peace at her request, shall make a 
settlement with the father, or give him any discharge to bar or 
affect such complaint, if objected to in writing by the overseers 
of the poor of the town interested in her support or the child's. 
K. S. c. 99, § 8. 

Overseers of the poor are justifiable in advancing money, 
employing counsel, and rendering assistance in the prosecution 
of a bastardy process, the complainant being poor, and an inhab- 
itant of their town. 7 Me. 399. Their objection to a settlement 
is seasonable if made at the trial of the respondent. 61 Me. 405. 

Neither the mother, nor the town where her settlement is, 
without the consent of the other, has power to settle a prosecu- 
tion under this statute against the alleged father, and a settle- 
ment with either is no discharge ; and a note given to the treas- 
urer of the town by the alleged father, on a settlement with the 
overseers, without the assent or ratification of the mother, is 
without consideration. 18 Me. 150. 

A town prosecuting in behalf of the complainant, is liable to 



544 BASTARD CHILDREN AND THEIR MAINTENANCE. 

the respondent, if be prevails, for his costs of court, to be recov- 
ered in an action of the case ; or the court may, on bis motion, 
enter judgment against the town for such costs, and issue 
execution thereon. R. S. c. 99, § 9. 

When the father of such bastard child has remained for ninety 
days in jail, without being able to comply with the order of 
court, he may be liberated by taking the poor debtor's oath, as 
persons committed on execution ; but he shall give fifteen days r 
notice of his intention to do so, to the mother, if living, and to 
the clerk of the town where the child has its legal settlement, if 
in the state. The mother and said town may, after such libera- 
tion, recover of him by action of debt any sum of money, which 
ought to have been paid pursuant to the order of court. R. S. 
c. 99, § 10. 

A mother who has recovered judgment upon a previous 
adjudication, that the putative father of her illegitimate child 
should pay to her a sum of money, is entitled to have execution 
running against his body, notwithstanding he may have been dis- 
charged, on taking the poor debtor's oath from an imprisonment 
which has been ordered upon his refusal to give bond for the 
performance of the original adjudication. 32 Me. 21. 

When the complainant dies before trial, her executor or 
administrator may prosecute her action to final judgment ; and in 
case of judgment against the respondent, the bond for perform- 
ance of the order of court, required by section seven, shall run 
to such executor or administrator, who, after payment of the 
costs of prosecution, shall appropriate to the support of the child 
the money recovered of the respondent. R. S. c. 99, § 11. 

Proceedings in bastardy abate by the death of the respondent 
during the pendency of such proceedings in court before trial. 
85 Me. 224. 

Form of Complaint. 

State of Maine. 

County of , ss. 

The voluntary accusation and examination of A. B., of , in the county 

of , spinster, taken on oath before , a justice of the peace in and 

for said county of , on the day of , 19 — , who saith that she has 

been delivered of a bastard child [or is pregnant with a child, which, if born 

alive, may be a bastard]; and she accuses C. H., of , in the county of 

, laborer, of being the father of said child; and says that he did beget 

her with said child on or about the day of , 19 — , at the house of 

J. H., etc. [here state the place, and such other circumstances as may be 



BASTARD CHILDREN AND THEIR MAINTENANCE. 545 

deemed useful in the discovery of the truth];* wherefore she prays that said 
C. H. may be apprehended and held to answer to this accusation, and to be 
further dealt with relative thereto as the law directs. 

A. B. 

State of Maine. 

County of , ss. [Date.] 

Then the aforesaid A. B. personally appeared and made oath that the 
above accusation and examination by her signed are true. 

Before me, 

, Justice of the Peace. 

Form of Warrant. 

State of Maine. 

County of , ss. 

To the sheriff of the county of , or either of his deputies, or to any 

constable in any town in said county of , 

greeting. 

[l. s.] Whereas A. B., of , in the county of , spinster, on the 

day of , 19 — , hath by her voluntary accusation and examination, 

taken in writing, upon oath, before me, , esquire, a justice of the peace 

in and for the county of , declared that she has been delivered of a bas- 
tard child [or is pregnant with a child, which, if born alive, may be a bastard], 

and accused C. H., of , in the county of , laborer, of being the 

father of said child, and of begetting her with child at the house of, etc. 
[here follow the time and circumstances mentioned in the examination]-, and 
hath prayed that the said C. H. may be apprehended and held to answer to 
such accusation, and to be further dealt with relative thereto as the law 
directs: 

Therefore, you are hereby commanded, in the name of the State of Maine, 
forthwith, to apprehend the said C. H., if he maybe found in your precinct, 
and bring him before me, or some other justice in and for said county of 

, to give bond to the said A. B., with sufficient sureties, in such sum as 

said justice may then and there order, conditioned for said C. H.'s appear- 
ance at a supreme judicial court next to be held at , in and for the 

county of , on the day of , 19 — , and to abide such other orders 

as may be then and there made, pursuant to the statute. 

Given under my hand and seal, this day of , in the year of our 

Lord one thousand nine hundred and . 

, Justice of the Peace. 

Form of Officer's Return. 

County of , ss. [Date.] 

By virtue of this warrant, I have this day arrested the within-named C. 

H., and have him before , esquire, a justice of the peace in and for said 

county of . 

J. C, Deputy Sheriff. 
Fees, etc. 

35 



546 BASTARD CHILDREN AND THEIR MAINTENANCE. 

Form of Record of Examination. 

County of , ss. [Date.] 

Be it remembered, that on the day of , 19 — , A. B., of , in 

said county, spinster, made her accusation in writing, on oath, before me, 

, esquire, a justice of the peace in and for said county, that [here follow 

the Form of Complaint to *, then], whereupon the said C. H., being after- 
wards, to wit, on the day of , 19 — , brought before me, the said jus- 
tice, by virtue of a warrant by me issued on said accusation: It is therefore 
ordered by me, the said justice, that the said C. H. give bond to the said 

A. B., in the sum of dollars, with two sufficient sureties, conditioned 

for his appearance at a term of the supreme judicial [or superior] court 

next to be held at , in and for the county of [name of county vjhere 

complainant resides], on the day of , 19 — , and abide the order of 

said court thereon, and stand committed until this order is performed. 
Attest, 

, Justice of the Peace. 

Form of Bond (Condition for Appearance). 

Know all men by these presents, that we, C. H., of , etc., as principal, 

and I. M. and R. T., both of , as sureties, are held and firmly bound 

unto A. B., of , spinster, in the sum of dollars, to be paid to the 

said A. B., to the payment of which we hereby bind ourselves, our execu- 
tors and administrators. 

Sealed with our seals, and dated this day of , 19 — . 

The condition of this obligation is such, that whereas the said A. B., on 

the day of , 19 — , made her accusation in writing, on oath, to , 

esquire, a justice of the peace in and for the county of , that she had 

been delivered of a bastard child [or was pregnant with a child, which, if 
born alive, might be a bastard], and accused the said C. H. of being the 
father of said child, and the said justice hath ordered the said C. H., who 
was brought before him on a warrant duly issued upon such accusation, to 

give bond to the said A. B. in the sum of dollars, with two sufficient 

sureties, conditioned for his appearance at a supreme judicial [or superior] 

court next to be held at , in and for said county, on the day of 

, 19 — , and abide the order of the court thereon ; now, therefore, if the 

said C. H. shall appear at said court and abide the order of said court 
thereon, then this bond shall be void ; otherwise it shall remain in full 
force. 

Signed, sealed and delivered C. H. [l. s.] 

in presence of, I. M. [l,. s.] 

R. T. [l. s.] 

If the respondent does not give such bond, the justice will 
commit him to jail until he does. 



BASTARD CHILDREN AND THEIR MAINTENANCE. 547 

Form of Bond (Condition to Pay Woman for Support of Bastard). 

The condition of this obligation is such, that whereas, upon the complaint 

of the said A. B., the said C. H. has by our court been adjudged the 

father of a bastard child of which the said A. B. has lately been delivered ; 
and whereas the said court has ordered that the said C. H. shall pay to the 

said A. B. the sum of dollars per year for the term of years, if the 

said child shall so long live, towards its support [or whatever the order may 
be] ; now, therefore, if the said C. H. shall well and truly perform the said 

order, and pay said A. B. the said sum of dollars every year for 

years next ensuing, towards the support of said child, if it shall so long live, 
then, etc. 

Form of Bond (Condition to Indemnify a Town Against a Bas- 
tard, in Bond Running to the Inhabitants of the Town). 

The condition of this obligation is such, that if said C. H. shall indemnify 

the said town of against all expenses, damages, costs, and charges to 

which it may be subjected for the maintenance of a certain bastard child, 
of which one A. B. has lately been delivered, and of which the said C. H. 
has been adjudged the father, then. etc. 

Form of Mittimus. 

State of Maine. 

County of , ss. 

To the sheriff of our county of , or either of his deputies, or any con- 
stable in the town of , in said county, and to the keeper of the 

jail in the county of , 

GREETING. 

[l. s.] Whereas A. B., of , in the county of , spinster, hath by 

her accusation and examination, taken in writing, upon oath, on the 

day of , 19 — , before me, a justice of the peace in and for the county of 

, declared that she has been delivered of a bastard child [or is pregnant 

with a child, which, if born alive, might be a bastard] and hath accused C. H., 

of , in the county of , laborer, of being the father of said child ; 

and a warrant hath been issued by me on said accusation against the said 
C. H., and the said C. H. hath appeared, and hath been required by me to 

give bond to the said A. B., in the sum of dollars, with two sufficient 

sureties, conditioned for his appearance at a supreme judicial [or superior] 

court next to be held at , in and for said county of , on the 

day of , 19 — , and abide the order of said court thereon, but hath neg- 
lected and refused to give such bond : 

You are therefore commanded to take and convey the said C. H. to our 

jail in , in said county of , and deliver him to the keeper thereof, 

together with this warrant ; and you, the said keeper, are hereby required 
to receive the said C. H. into your custody in the said jail, and him safely 
keep, until he shall give such bond, or be therefrom otherwise lawfully 
delivered. 



548 BASTARD CHILDREN AND THEIR MAINTENANCE. 

Given under my hand and seal, at , in said county of , this 

day of , in the year, etc. 

, Justice of the Peace. 

Form of Declaration. 

State of Maine. 

County of , ss. 

I, , of , in the county of , etc., being duly sworn, declare and 

state as follows : 

That I am the complainant in a certain action in bastardy, now pending 

in the supreme judicial court, within and for said county of , having 

been entered in said court at the A. D. 19 — term thereof, in which 

action , of , in the county of , etc., is respondent ; that on the 

day of , A. D. 19 — , at , in said county, I was delivered of a 

bastard male child, which child was begotten on my body by the said , 

on or about the day of , A. D. 19 — , at [describe place] ; that dur- 
ing the time of my travail at the birth of said bastard child I was put upon 

the discovery of the truth, and I then and there accused the said of 

being the father of the child of which I was about to be delivered ; that I 

have been constant in said accusation and I still accuse the said of 

being the father of my said bastard child, and that it was begotten as afore- 
said. 

, Complainant. 

State of Maine. 

County of , ss. [Bate.] 

Subscribed and sworn to. 

Before me, 

, Justice of the Peace. 



CHAPTER LXI. 



WORKHOUSES. 

Any town may erect or provide a workhouse for the employ- 
ment and support of persons of the following description ; all 
poor and indigent persons, maintained by or receiving alms from 
the town; all able bodied persons not having estate or means 
otherwise to maintain themselves, who refuse or neglect to work ; 
all who live a dissolute and vagrant life and exercise no ordinary 
calling or lawful business sufficient to gain an honest livelihood ; 
and all such persons, as spend their time and property in public 
houses, to the neglect of their proper business, or by otherwise 



WORKHOUSES. 549 

misspending what they earn, to the impoverishment of them- 
selves and their families, are likely to become paupers. Any 
workhouse may, by vote of the town, be discontinued, or applied 
to other uses. Until such workhouse is thus provided the alms- 
house or any part thereof may be used for that purpose. R. S. 
c. 142, § 1; 11 Me. 210; 65 Me. 121. 

Such workhouse shall be in charge of the overseers of the 
poor of the town maintaining the same, who shall have the 
inspection and government thereof, with power to appoint a 
master and needful assistants for the more immediate care and 
superintendence of the persons received or employed therein. 
R.'S. c. 142, § 2. 

The overseers, as occasion requires, shall hold meetings on the 
business of their office ; and make needful orders and regulations 
for such house, to be binding until the next town meeting, when 
they shall be submitted to the consideration of the inhabitants ; 
and such as are approved at said meeting shall remain in force 
until revoked by the town. R. S. c. 142, § 3. 

When any person, not having a legal settlement in any town 
in the state, becomes idle or indigent, he may be committed to 
the workhouse provided for the town in which he resides, to be 
employed, if able to labor, in the same manner, and to be subject 
to the same rules as the other persons thereto committed. R. S. 
c. 142, § 4. 

Every person committed to such workhouse, if able to work, 
shall be kept diligently employed during the term of his commit- 
ment. For idleness, obstinacy, or disorderly conduct, he may be 
punished as provided by the lawful regulations of the house. 
R. S. c. 142, § 5. 

Porm of the Order for Commitment. 

To A. B., master of the house of correction in the town of : 

You are hereby required to receive and keep C. D. in said house of cor- 
rection for hours, unless sooner discharged by our order. ' 

E. F., ) Overseers of said House 
G. H., ) of Correction. 

And any sheriff, deputy sheriff, constable, or other person, to 
whom such order is given by said overseers, shall forthwith 
apprehend and convey such person to said house of correction, 
and deliver him to the master thereof, to be taken and kept 
agreeably to the order ; and shall receive from the town such 



550 WORKHOUSES. 

fee for service and travel as are allowed for service of such 
warrants. 

When any person in a jail, house of correction or workhouse, 
is attacked with a disease, which the local board of health of his 
town, by medical advice, consider dangerous to the safety and 
health of other prisoners, or of the inhabitants of the town, they 
shall, by their order in writing, direct his removal to some place 
of safety, there to be securely kept and provided for until their 
further order ; and if he recovers from such disease, he shall be 
returned to his place of confinement. R. S. c. 18, § 62. 



CHAPTER LXIL 



HOUSES OF CORRECTION. 

A municipal or police court, or trial justice in his county, on 
complaint under oath may commit to jail or to the house of cor- 
rection in the town where the person belongs or is found, for a 
term not exceeding ninety days, all rogues, vagabonds and idle 
persons going about in any town in the county, begging ; per- 
sons using any subtle craft, jugglery, or unlawful games, or 
plays, or for the sake of gain pretending to have knowledge in 
physiognomy, palmistry, to tell destinies or fortunes or to dis- 
cover lost or stolen goods ; common pipers, fiddlers, runaways, 
drunkards, night walkers, railers, brawlers and pilferers ; persons 
wanton or lascivious in speech or behavior, or neglecting their 
callings or employments, misspending what they earn and not 
providing for the support of themselves and their families ; all 
idle and disorderly persons having no visible means of support, 
neglecting all lawful calling or employment; and all idle and 
disorderly persons who neglect all lawful calling or employment 
and misspend their time by frequenting disorderly houses, nouses 
of ill fame, gaming houses or tippling shops. R. S. c. 142, § 6. 

A town, at its own expense, may build and maintain a house 
of correction. Until such house of correction is so built, the 
almshouse or any part thereof may be used for that purpose. 
R. S. c. 142, § 7. 



HOUSES OF CORRECTION. 551 

Such house of correction shall be in charge of the overseers of 
the poor of the town maintaining the same, who shall have the 
inspection and government of the same, and may establish from 
time to time, such rules and orders not repugnant to law, as 
they deem necessary for governing and punishing persons law- 
fully committed thereto. When an almshouse is used for a 
house of correction, the master thereof shall be master of the 
house of correction ; but in other cases the overseers thereof 
shall appoint a suitable master, removable at their pleasure, and 
may fix his compensation. The overseers from time to time, 
shall examine into the prudential concerns and management of 
such house, and see that the master faithfully discharges his 
duty. R. S. c. 142, § 8. 

Every person committed to such house of correction shall be 
supplied with suitable food and clothing, and if sick, with such 
medical attendance and care as the overseers order; and all 
expenses incurred for commitment and maintenance, exceeding 
the earnings of the person confined, shall be paid by the town 
where such prisoner has his legal settlement, or by his kindred 
as hereinafter provided. R. S. c. 142, § 9. 

The master of such house may set to work all persons com- 
mitted to his custody, so far as they are able, during the time of 
their confinement ; and if their deportment renders it expedient, 
he may impose shackles or fetters to prevent resistance or escape, 
without unnecessarily inflicting pain or interrupting labor. R. S. 
c. 142, § 10. 

If a prisoner is stubborn, disorderly, idle, refractory, or refuses 
to perform his appointed task in a proper manner, the master 
may abridge his supply of food until he complies with the rea- 
sonable requirements of the master and overseers. R. S. c. 142, 

Notwithstanding the payment of costs and expenses, if the 
prisoner has actually received relief as a pauper, the overseers of 
the poor where the house is, or of the town to which he belongs, 
on complaint to the justice or court by whom he was committed, 
may procure an extension of the confinement, for not more than 
thirty days at a time, by the judge or justice ; and such applica- 
tion may be renewed, if occasion requires it, on like complaint ; 
and in all cases the prisoners shall be brought before the justice 
or court to answer to the complaint. R. S. c. 142, § 12. 

Such masters shall, within ten days after commitment of any 
person to such house of correction, give notice thereof to the 



552 HOUSES OF CORRECTION. 

overseers of the poor of the town where it is situated, and if the 
prisoner has actually received relief as a pauper, said overseers 
shall give the same notice thereof to the overseers of the poor of 
the town of his legal settlement, as is required in other cases in 
which paupers become chargeable in places where they have no 
legal settlement. R. S. c. 142, § 13. 

The master shall keep an exact account of the earnings of 
each prisoner, and of the expenses incurred for commitment and 
maintenance ; specifying the time of his commitment and libera- 
tion, and present it, on oath, to the overseers of the poor of the 
town where such house is established annually and oftener if 
directed, and the town may recover the amount of such expenses 
after deducting the earnings of the prisoner, from the town 
where such prisoner has his legal settlement. If such account 
shows the earnings of such prisoner to exceed the expenses 
incurred for commitment and maintenance of said prisoner, such 
excess may be paid by the overseers of the poor to, or for the 
benefit of, dependent families or kindred of said prisoners. R. S. 
c. 142, § 14. 

If there are kindred, obliged by law to maintain the prisoner 
as provided in chapter twenty-seven, such master, or the town 
obliged to pay his account, has the same remedy against such 
kindred, as is provided in that chapter for towns incurring 
expense for relief and support of paupers. R. S. c. 142,. § 15. 

Persons shall be committed to workhouses, or houses of cor- 
rection, only upon conviction of the offenses, acts or conditions 
for which such commitments are by law authorized, before some 
municipal or police court, or trial justice. Commitments to 
workhouses may be for terms not exceeding three months. R. S. 
c. 142, § 16. 

Masters of houses of correction and workhouses to give notice 
to the city or town clerk of births and deaths occurring therein. 
R. S. c. 61, § 25. 



INSANE PERSONS. 553 



CHAPTER LXIIL 



INSANE PERSONS. 

The words "insane person" may include an idiotic, non com- 
pos, lunatic, or distracted person ; but in reference to idiotic or 
non compos persons this rule does not apply to chapter one 
hundred and forty -four. R. S. c. 1, § 6. 

Parents and guardians of insane minors, if of sufficient ability 
to support them there, shall, within thirty days after an attack 
of insanity, without legal examination, send them to one of said 
hospitals, and give to the treasurer thereof the bond required ; 
or they may send them to some other hospital for the insane, 
within said period. R. S. c. 144, § 15. 

Insane persons, not thus sent to any hospital, shall be subject 
to examination as hereinafter provided. The municipal officers 
of towns shall constitute a board of examiners, and on complaint 
in writing of any blood relative, husband or wife of said alleged 
insane person, or of any justice of the peace, they shall imme- 
diately inquire into the condition of any person in said town 
alleged to be insane ; shall appoint a time and place for a hear- 
ing by them of the allegations of said complaint, and shall cause 
to be given in hand to the person so alleged to be insane, at 
least twenty-four hours prior to the time of said hearing, a true 
copy of said complaint, together with a notice of the time and 
place of said hearing and that he has the right and will be given 
opportunity then and there to be heard in the matter; shall call 
before them all testimony necessary for a full understanding of 
the case ; and if they think such person insane, and that his 
comfort and safety, or that of others interested, will thereby be 
promoted, they shall forthwith send him either to the Maine 
insane hospital or to the Eastern Maine insane hospital, with a 
certificate stating the fact of his insanity, and the town in which 
he resided or was found at the time of examination, and direct- 
ing the superintendent to receive and detain him until he is 
restored or discharged by law, or by the superintendent or 
trustees. They shall keep a record of their doings, and furnish 



554 INSANE PEKSONS. 

a copy to any interested person requesting and paying for it^ 
R. S. c. 144, § 16. 

In all cases of preliminary proceedings for the commitment of 
any person to the hospital, to establish the fact of the insanity 
of the person to whom insanity is imputed, the evidence of at 
least two reputable physicians given by them under oath before 
the board of examiners shall be required, together with a certifi- 
cate signed by such physicians and filed with said board, that in 
their opinion such person is insane, such evidence and certificate 
to be based upon due inquiry and personal examination of the 
person to whom insanity is imputed ; and a certified copy of the 
physicians' certificate shall accompany the papers of commitment 
of the insane person to the hospital. R. S. c. 144, § 17 ; 72 
Me. 216; 75 Me. 166; 90 Me. 219; 96 Me. 371. 

The officers ordering the commitment of a person unable to 
pay for his support, or becoming unable to pay for his support 
after commitment, or their successors, any like officer with 
power to commit, shall in writing certify that fact to the 
trustees and that he has no relatives liable and of sufficient 
ability to pay for his support, and such certificate shall be 
sufficient evidence in the first instance to charge the town where 
the insane resided or was found at the time of his arrest for the 
expenses of his examination and commitment, and to charge 
the state for the expenses of his support in the hospital, and the 
treasurer of the hospital shall charge to the state the reasonable 
expense of his support which shall be paid from the state treas- 
ury upon itemized bills therefor audited and approved by the 
governor and council, until otherwise provided for by appropria- 
tion made for that purpose. R. S. c. 144, § 18. 

The trustees of the hospitals for the insane may, in their dis- 
cretion, investigate, or cause to be investigated, the allegations 
contained in any certificate provided for in section eighteen of 
chapter one hundred and forty-four of the revised statutes, and 
should such investigation disclose the fact that any person or 
municipality was, or may be, lawfully liable for the support of 
the insane person mentioned in any such certificate, then it shall 
be the duty of said trustees to collect, by action in the name of 
the state, if necessary, all sums which have been paid by the 
state to the hospital for board of such insane person from the per- 
son or municipality lawfully liable as aforesaid to pay for the 
support of such insane person, and thereafter the state shall not 
be required to pay to said hospital the sum mentioned in said. 



INSANE PEKSONS. 555 

section eighteen so long as the liability of any person or munici- 
pality to support such insane person may lawfully exist. All 
moneys collected under the provisions of this act shall be forth- 
with turned over to the state treasurer, who shall receipt for the 
same ; and the expenses of the collection of said moneys shall 
be charged against and paid out of any sums so collected and 
turned over, and all bills for such expenses shall be audited by 
the state auditor and paid out of the state treasury upon the 
certificate of the state auditor issued therefor and provided by 
law. P. L. 1909 c. 92. 

If the municipal officers neglect or refuse, for three days after 
complaint is made to them to examine and decide any case of 
insanity in their town, complaint may be made by any blood rel- 
ative, husband or wife of said alleged insane person, or by any 
ustice of the peace, to two justices of the peace ; and the two 
ustices to whom such application is made shall immediately 
inquire into the condition of such alleged insane person and ; 
shall proceed in the manner provided in section sixteen. R. S. 
c. 144, § 19; 35 Me. 502; 63 Me. 567. 

Notice of the hearing before the municipal officers must be 
given the alleged insane person and he must be given an oppor- 
tunity to be heard. 80 Me. 139. 

Such justices shall keep a record of their doings and furnish a 
copy thereof to any person interested requesting and paying for 
it; they shall be entitled to the same fees as for a criminal 
examination, to be paid by the person or corporation liable in 
the first instance for the support of the insane person in the hos- 
pital. R. S. c. 144, § 20. 

When such justices order a commitment to a hospital, the 
municipal officers of the town where the insane resides, or such 
other person as the justices direct, shall cause such order to be 
complied with forthwith at the expense of the town ; and after 
such commitment is made, the justices shall decide and certify 
the expenses thereof. R. S. c. 144, § 21. 

The certificate of commitment to the hospital after a legal 
examination, is sufficient evidence, in the first instance, to 
charge the town where the insane resided, or was found at the 
time of his arrest, for the expenses of his examination and com- 
mitment to the hospital ; and when his friends or others rile a 
bond with the treasurer of the hospital in which he is confined 
the state shall not be liable for his support, unless new action is 
had by reason of the inability of the patient or his friends longer 



556 INSANE PERSONS. 

to support him ; and such action may be had in the same man- 
ner, and before the same tribunal, as if he had never been 
admitted to the hospital. R. S. c. 144, § 22. 

The person liable for support of a person when lawfully com- 
mitted to a hospital, is liable therefor, and for the expenses of 
his removal, when unlawfully committed and removed as pro- 
vided in section ten ; but the expenses of such removal shall not 
exceed ten cents a mile from the hospital to the place of commit- 
ment. R. S. c. 144, § 23. 

Any town thus made chargeable for the expenses of examina- 
tion and commitment in the first instance, and paying for the 
examination of the insane and his commitment to a hospital, may 
recover the amount paid, from the insane, if able, or from per- 
sons legally liable for his support, or from the town where his 
legal settlement is, as if incurred for the expense of a pauper, 
but if he has no legal settlement in the state, such expenses shall 
*be refunded by the state, and the governor and council shall 
audit all such claims and draw their warrant on the treasurer 
therefor. And the reasonable expenses and services of the 
municipal officers of said town relative to such insane person, 
shall be included in the amount to be so refunded by the state. 
No insane person shall suffer any of the disabilities of pauperism 
nor be deemed a pauper by reason of such support. But the 
time during which the insane person is so supported shall not 
be included in the period of residence necessary to change his 
settlement. R. S. c. 144, § 24. 

The treasurer thereof shall charge and collect interest on all 
debts due to the hospital, for board and clothing of patients, 
after thirty days from the time when they become due. R. S. c. 
144, § 25. 

A friend, guardian or relative liable for the support of a 
patient who has been in either hospital for six months, not com- 
mitted by order of the supreme judicial court nor afflicted with 
homicidal insanity, thinking that he is unreasonably detained, 
may apply to the municipal officers of the town where the insane 
resides, and they shall inquire into the case, and summon before 
them any proper testimony, and their decision and order shall be 
binding on the parties. They shall tax legal costs and decide 
who shall pay them. If such application is unsuccessful, it shall 
not be made again until the expiration of another six months. 
R. S. c. 144, § 26. 

When the overseers of the poor of a town, liable for the 



INSANE PERSONS. 557 

expenses of examination of a patient and his commitment to 
either hospital, are notified by mail by the superintendent, that 
he has recovered from his insanity, they shall cause him to be 
removed to their town ; and if they neglect it for fifteen days, 
the superintendent shall cause it to be done at the expense of 
such town. R. S. c. 144, § 27. 

This act shall not affect the liability of any person who is 
under contract with any city or town for the support of its 
insane poor, but such contractor shall pay to the city or town 
whose insane poor he has contracted to support, the expenses of 
the support of such insane poor in the hospital, during the con- 
tinuance of his contract, in accordance with the provisions of 
statute in force at the time such contract was made. P. L. 
1907 c. 100, § 11. 

The state may recover from the insane, if able, or from per- 
sons legally liable for his support, the reasonable expenses of his 
support in the insane hospital. P. L. 1907 c. 100, § 12. 

All acts and parts of acts inconsistent with this act, are hereby 
repealed. P. L. 1907 c. 100, § 13. 

This act shall take effect January first, nineteen hundred and 
ten. P. L. 1907 c. 100, § 14. 

When a patient is discharged from either hospital by the trus- 
tees, under section four of chapter one hundred and forty-four 
of the revised statutes, they shall cause the selectmen of the 
town, or the mayor of the city from which such patient was 
received, to be immediately notified by mail, and on receipt of 
such notice said town or city shall cause such patient to be 
forthwith removed thereto ; and if they neglect such removal 
for thirty days thereafter, such patient may be removed to said 
town or city by the trustees, or their order ; and the superin- 
tendent may maintain an action in his own name, against such 
city or town, for the recovery of all expenses necessarily 
incurred in the removal of such patient. R. S. c. 144, § 28. 

The preceding sections do not apply to towns having less than 
two hundred inhabitants, but all insane persons found, and hav- 
ing their residence in such towns, who have no settlement within 
any town in this state, and who have no means of their own for 
support, or are without relatives able and liable to support them, 
shall be supported in the hospital at the expense of the state. 
R. S. c. 144, § 29. 

The judge of probate may appoint guardians to the following 



558 INSANE PERSONS. 

persons belonging to his county, although over twenty-one years 
of age, on written application of any of their friends, relatives or 
creditors, or of the municipal officers or overseers of the poor of 
the town where they reside : 

First. Persons insane, or of unsound mind, including married 
women, who, by reason of infirmity or mental incapacity, are 
incompetent to manage their own estates, or to protect their 
rights. 

Second. Persons, who, by excessive drinking, gambling, idle- 
ness, or debauchery of any kind, have become incapable of manag- 
ing their own affairs, or who so spend, or waste their estate, as to 
expose themselves or families to want or suffering, or their towns 
to expense. 

Third. Convicts, committed to the state prison for a term less 
than for life. R. S. c. 69, § 4 ; 31 Me. 553 ; 49 Me. 278, 361 ; 
87 Me. 49 ; 97 Me. 134. 

Guardians may be appointed, on application as aforesaid, for 
persons certified by the municipal officers of any town to have 
been committed by them or their predecessors, to either insane 
hospital, and there remaining, upon proof of the facts, without 
personal notice to the parties. In all cases where the municipal 
officers or overseers of the poor are applicants, if they have given 
at least fourteen days' notice to such person by serving him with 
a copy of their application, the judge may adjudicate thereon 
without further notice, or may order such notice, if any, as he 
thinks reasonable. R. S. c. 69, § 5 ; 18 Me. 386. 

In all other cases, the judge shall appoint a time and place for 
hearing and shall order that notice of the proceedings be given 
by serving the person for whom a guardian is requested with a 
copy of the application and order of the court, at least fourteen 
days before the day of hearing. If upon such hearing, he 
adjudges that such person is insane, a spendthrift, or incapable 
as aforesaid, he shall appoint a guardian. R. S. c. 69, § 6 ; 18 
Me. 386 ; 97 Me. 134. 

When such application is made, and notice issued thereon by 
the judge, the applicants may cause a copy of their application, 
and the order of the court thereon, to be filed in the registry of 
deeds for the county ; and if a guardian is appointed thereupon, 
all contracts, except for necessaries, and all gifts, sales or trans- 
fers of real or personal estate made by such person after said 
filing and before the termination of the guardianship, are void ; 



INSANE PERSONS. 559 

"but this section does not add anything to the validity of any 
-such act previous to said filing. R. S. c. 69, § 7. 

When a guardian is thus appointed, the judge shall make an 
allowance, to be paid by the guardian from the ward's estate, for 
all his reasonable expenses in defending himself against com- 
plaint. R. S. c. 69, § 8. 

Such guardians have the custody of the persons of their wards, 
if resident in the state, except so far as the court of probate may 
from time to time otherwise order ; and every guardian appointed 
over any person for gambling, idleness, drinking or debauchery, 
shall inculcate upon him habits of sobriety and industry, and 
when of sufficient health and strength, with the approbation of 
the judge, may bind him out to labor, not exceeding six months 
at any one time, or employ him in his own service ; giving credit 
for his earnings, or such sum as he receives therefor. R. S. c. 
69, § 9. 



CHAPTER LXIV, 



HEALTH. 

When any person is or has recently been infected with any 
disease or sickness dangerous to the public health, the local 
board of health of the town where he is, shall provide for the 
safety of the inhabitants, as they think best, by removing him to 
a separate house, if it can be done without great danger to his 
health, and by providing nurses and other assistants and neces- 
saries, at his charge or that of his parent or master, if able, other- 
wise at that of the town to which he belongs. R. S. c. 18, § 51 ; 
19 Me. 221; 28 Me. 255; 45 Me. 409; 52 Me. 118; 66 Me. 
60, 71 ; 67 Me. 370 ; 72 Me. 492 ; 99 Me. 17, 214 ; 102 Me. 37. 

When any infectious or malignant distemper is known to exist 
in any place out of the state, the local board of health of any 
town in the state, may, by giving such public notice therein as 
they find convenient, require any person coming from such place 
to inform one of them or the town clerk of his arrival and from 
what place he came, and if he does not, within two hours after 
arrival, or after actual notice of such requirement, give such 



560 HEALTH. 

information, he forfeits one hundred dollars to the town. R. S- 

c. 18, § 52. 

The local board of health may prohibit any such person, from 
going to any part of their town where they think that his pres- 
ence would be unsafe for the inhabitants; and if he does not 
comply, they may order him, unless disabled by sickness, forth- 
with to leave the state in the manner and by the road which 
they direct ; and if he neglects or refuses so to do, any justice of 
the peace in the county, on complaint of one of said local board 
of health, may issue his warrant to any proper officer or other 
person named therein, and cause him to be removed from the 
state; and if during the prevalence of such distemper in the 
place where he resides, he returns to any town in this state, 
without the license of its local board of health, he forfeits not 
exceeding four hundred dollars. R. S. c. 18, § 53. 

The local board of health of any town near or adjoining the 
state line may, by writing under their hands, appoint suitable 
persons to attend at any places by which travelers may pass into 
such town from infected places in other states or provinces, who 
may examine such passengers as they suspect of bringing with 
them any infection dangerous to the public health, and if need 
be, may restrain them from traveling until licensed thereto by 
one of said board; and any such passenger who without such 
license travels in this state, except to return by the most direct 
way to the state or province whence he came, after he has been 
cautioned to depart by the persons so appointed, forfeits not 
exceeding one hundred dollars. R. S. c. 18, § 54. 

Any two justices of the peace may issue a warrant, directed 
to a proper officer, requiring him to remove any person infected 
with contagious sickness, under the direction of the local board 
of health of the town where he is ; or to impress and take con- 
venient houses, lodgings, nurses, attendants, and other necessaries 
for the accommodation, safety and relief of the sick. R. S. c. 
18, § bo ; 66 Me. 71, 309; 67 Me. 294. 

When on the application of the local board of health of a 
town, it appears to any justice of the peace that there is just 
cause to suspect that any baggage, clothing or goods therein, are 
infected with any malignant contagious distemper, he shall, by a 
warrant directed to a proper officer, require him to impress so 
many men as the said justice thinks necessary, to secure such 
infected articles, and to post said men as a guard over the place 
where the articles are lodged, who shall prevent any persons 



HEALTH. 561 

from removing or approaching such articles, until due inquiry is 
made into the circumstances. R. S. c. 18, § 56. 

He may by the same warrant, if it appears to him necessary, 
require said officer, under the direction of the local board of 
health, to impress and take convenient houses or stores for the 
safe keeping of such infected articles, and cause them to be 
removed thereto, or otherwise detained, until the local board of 
health think they are free from infection. R. S. c. 18, § 57 ; 
55 Me. 135. 

Said officer, if need be, may break open any house, shop, or 
other place mentioned in the warrant, where infected articles are, 
and require such aid as is necessary to execute it ; and any per- 
son who at the command of any such officer fails to assist in such 
execution, shall be subject to a fine not exceeding ten dollars. 
R. S. c. 18, § 58. 

The charges for securing such infected articles and of trans- 
porting and purifying them shall be paid by the owners thereof, 
at the price determined by the local board of health. R. S. 
c. 18, § 59. 

When the officer impresses or takes any house, store, lodging, 
or other necessaries, or impresses any man, as herein provided, 
the parties interested shall have a just compensation therefor, to 
be paid by the town in which such persons or property were 
impressed. R. S. c. 18, § 60 ; 65 Me. 402. 

When a malignant infectious distemper prevails in any town 
wherein the supreme judicial court, the superior court, or court 
of county commissioners is to be held, said courts may be 
adjourned and held in any town in said county, by proclamation 
made in such public manner as such courts judge best, as near 
their usual place of meeting as they think that safety permits. 
R. S. c. 18, § 61; 83 Me. 111. 

When any person in a jail, house of correction or workhouse, 
is attacked with any disease, which the local board of health of 
his town, by medical advice, considers dangerous to the safety 
and health of other prisoners, or of the inhabitants of the town, 
they shall, by their order in writing, direct his removal to some 
place of safety, there to be securely kept and provided for until 
their further order ; and if he recovers from such disease, he 
shall be returned to his place of confinement. R. S. c. 18, § 62. 

If he was committed by an order of court or judicial process, 
the order for his removal, or a copy thereof attested by the local 

36 



562 HEALTH. 

board of health shall be returned by them with the doings thereon 
into the office of the clerk of the court from which such order or 
process was issued. No such removal shall be deemed an escape. 
R. S. c. 18, § 63. 

The state board of health of Maine shall keep a register of all 
persons in this state who are known to be affected with tubercu- 
losis. The state board of health shall have sole and exclusive 
control of said register, and shall not permit inspection thereof 
nor disclose any of its personal particulars except to its own 
agents or to local officials when in the interest of the public 
health and safety it is deemed necessary to do so. P. L. 1909 
c. 78, § 1. 

Tuberculosis is hereby declared to be an infectious and com- 
municable disease, dangerous to the public health. It shall be 
the duty of every physician in the State of Maine to report in 
writing on forms to be furnished by the state board of health the 
name, age, sex, color, occupation, place where last employed if 
known, and address of every person known by said physician to 
have tuberculosis, to the secretary of the state board of health 
within forty-eight hours after such fact comes to the knowledge 
of said physician. The name of the householder where the 
tuberculous person lives, or boards, and such other facts as may 
be called for on the blank reports issued from the office of the 
state board of health, shall also be included in the report. It 
shall also be the duty of the chief officer having charge for the 
time being of any hospital, dispensary, asylum, sanatorium or 
other similar private or public institution in the State of Maine 
to report to the state board of health in like manner the name, 
age, sex, color, occupation, place where last employed if known 
and previous address of every patient having tuberculosis who 
comes into his care or under his observation within forty-eight 
hours thereafter. It shall also be the duty of said physician or 
chief officer to give notice to the secretary of the state board of 
health of the change of address of any tuberculous patient who 
is, or has lately been under his care if he is able to give such 
information. P. L. 1909 c. 78, § 2. 

In case of the vacation of any apartment or premises by the 
death or removal therefrom of a person having tuberculosis it 
shall be the duty of the attending physician, or if there be no 
such physician, or if the physician be absent, of the owner, lessee, 
occupant or other person having charge of the said apartments 
or premises, to notify the health officer or secretary of the local 



HEALTH. 563 

board of health of said town of said death or removal within 
twenty-four hours thereafter, and such apartments or premises 
so vacated shall not again be occupied until duly disinfected, 
cleansed or renovated as hereinafter provided. P. L. 1909 c. 
78, § 3. 

When notified of the vacation of any apartments or premises 
as provided in section three hereof, the health officer or secretary 
of the local board of health or his agent, shall within twenty- 
four hours thereafter visit said apartments or premises, and shall 
order and direct that, except for purposes of cleansing or disin- 
fection, no infected article shall be removed therefrom until 
properly and suitably cleansed or disinfected, and said local 
board of health shall determine the manner in which such apart- 
ments or premises shall be disinfected, cleansed or renovated in 
order that they may be rendered safe and suitable for occupancy. 
If the health authorities determine that disinfection is sufficient 
to render them safe and suitable for occupancy, such apartments 
or premises together with all infected articles therein, shall 
immediately be disinfected by the health authorities at public 
expense, or, if the owner prefers, by the owner at his expense, 
to the satisfaction of health authorities. P. L. 1909 c. 78, § 4. 

In case the orders or directions of the local board of health 
requiring the disinfection, cleansing or renovation of any apart- 
ments or premises or any articles therein as hereinbefore pro- 
vided, shall not be complied with within forty-eight hours after 
such orders or directions shall be given, the health officer may 
cause a placard in words and form substantially as follows to be 
placed upon the door of the infected apartments or premises : 
"Tuberculosis is a communicable disease. These apartments 
have been occupied by a consumptive and may be infected. 
They must not be occupied until the order of the health officer 
directing their disinfection or renovation has been complied 
with. This notice must not be removed under the penalty of 
the law except by the local board of health or other duly author- 
ized official." P. L. 1909 c. 78, § 5. 

Any person having tuberculosis who shall dispose of his 
sputum, saliva, or other bodily secretion or excretion so as to 
cause offense or danger to any person or persons in the same 
room or apartment, house, or part of a house, shall, on complaint 
of any person or persons subjected to such offense or danger, be 
deemed guilty of a nuisance and any person subjected to such a 
nuisance may make complaint in person or writing to the local 



564 HEALTH. 

board of health of any town where the nuisance complained of is 
committed. And it shall be the duty of the local board of health 
receiving such complaint to investigate, and if it appears that 
the nuisance complained of is such as to cause offense or danger 
to any person in the same room, apartment, house, or part of a 
house, they shall serve a notice upon the person so complained 
of, reciting the alleged cause of offense or danger and requiring 
him to dispose of his sputum, saliva, or other bodily secretion or 
excretion in such manner as to remove all reasonable cause of 
offense or danger. Any person failing or refusing to comply 
with orders or regulations of the local board of health of any 
town, requiring him to cease to commit such nuisance, shall be 
deemed guilty of a misdemeanor and on conviction thereof shall 
be fined not more than ten dollars. P. L. 1909 c. 78, § 6. 

It shall be the duty of a physician attending a patient having 
tuberculosis to take all proper precautions and to give proper 
instructions to provide for the safety. of all individuals occupy- 
ing the same house or apartment, and if no physician be attend- 
ing such patient this duty shall devolve upon the local board of 
health, and all duties imposed upon physicians by any sections 
of this act shall be performed by the local board of health in all 
cases of tuberculosis not attended by a physician, or when the 
physician fails to perform the duties herein specified, and shall 
so report. P. L. 1909 c. 78, § 7. 

The precautionary measures carried out by physicians, local 
boards of health, and others to prevent the transmission of infec- 
tion to other persons shall be in accordance with the advice 
given by the state board of health in its printed circulars, and 
reports to the state board of health shall include a statement of 
what procedures and precautions have been taken to prevent the 
spread of infection. In the cases of needy patients who are not 
able to provide themselves with proper spit-cups and other sup- 
plies or material in the opinion of the attending physician needed 
to prevent the communication of infection, the physician may 
send a requisition to the local board of health of the town in 
which the tuberculous patient lives for said things to aid him 
in preventing the spread of the disease, and all local health offi- 
cers or secretaries of local boards of health shall honor, as far as 
possible, requisition signed by the attending physician, and the 
bill for these supplies shall be paid by the town. P. L. 1909 
o. 78, § 8. 

Any physician or person practicing as a physician who shall 



HEALTH. 565 

knowingly report as affected with tuberculosis any person who 
is not so affected, or who shall willfully make any false state- 
ment concerning the name, age, sex, color, occupation, or other 
facts called for on the blanks prepared by the state board of 
health, of any person reported as affected with tuberculosis, or 
who shall certify falsely as to any of the precautions taken to 
prevent the spread of infection, shall be deemed guilty of a mis- 
demeanor and on conviction thereof shall be subject to a fine of 
not more than one hundred dollars. P. L. 1909 c. T8, § 9. 

Upon the recovery of any person having tuberculosis, it shall 
be the duty of the attending physician to make a report of this 
fact to the secretary of the state board of health, who shall 
record the same in the records of his office, and shall relieve said 
person from further liability to any requirements imposed by 
this act. P. L. 1909 c. 78, § 10. 

Any person violating any of the provisions of this act shall be 
deemed guilty of a misdemeanor and upon conviction thereof 
shall be punished, except as herein otherwise provided, by a fine 
of not less than five dollars nor more than fifty dollars. P. L. 
1909 c. 78, § 11. 

When any source of filth, or other cause of sickness, is found 
on private property, the owner or occupant thereof shall, within 
twenty-four hours after notice from the local board of health, or 
health officer, at his own expense, remove or discontinue it ; and 
if he neglects or unreasonably delays to do so, he forfeits not 
exceeding one hundred dollars ; and said local board of health 
or health officer shall cause said nuisance to be removed or dis- 
continued ; and all expenses thereof shall be repaid to the town 
by such owner or oocupant, or by the person who caused or per- 
mitted it. R. S. c. 18, § 64 ; 57 Me. 436 ; 65 Me. 426 ; 87 Me. 
473. 

Whoever personally or through the agency of another leaves 
or deposits the carcass of a dead horse, cow, sheep, hog or of any 
other of the larger domestic animals in any place where it may 
cause a nuisance shall, upon receiving a notice to that effect 
from the local board of health, promptly remove, bury or other- 
wise dispose of such carcass, and if he fails to do so within such 
time as may be prescribed by the local board of health, shall be 
punished by a fine of not less than five, nor more than twenty- 
five dollars, or by imprisonment not exceeding one month. R. S. 
c. 18, § 65. 



566 HEALTH. 

No refuse or waste material of any kind shall be deposited or 
dumped within the limits of any public way except upon written 
authority of the municipal officers. P. L. 1909 c. 157, § 1. 

Any person convicted of violating the provisions of this act 
shall be subject to a fine not exceeding ten dollars, to be recov- 
ered to the use of the town where the offense is committed. 
P. L. 1909 c. 157, § 2. 

No person shall expectorate or spit on any public sidewalk, or 
public street crossing, or cross walk, or, except in the receptacles 
provided for the purpose, upon the floor in any city or town 
hall, in any courthouse or court room, in any factory, in any 
public library or museum, in any church or theatre, in any lec- 
ture or music hall, in any ferryboat or steamboat, in any railroad 
car, except a smoking car, in any street or inter-urban railway 
car, in any railroad or railway station, or waiting room or on 
any sidewalk or platform connected therewith. P. L. 1909 
c. 76, § 1. 

The publication or sale or distribution by hand or otherwise 
within this state of any circular, pamphlet or book containing 
recipes or prescriptions for the cure of chronic female complaints 
or private diseases, or recipes or prescriptions for drops, pills, 
tinctures, or other compound designed to prevent conception, or 
tending to produce miscarriage or abortion is hereby prohibited ; 
and for each copy thereof, so published and sold, containing 
such prohibited recipes or prescriptions, the publisher and seller 
shall each be deemed guilty of a misdemeanor, and shall be 
liable to the same penalties provided for a violation of the pre- 
ceding section. Any person or persons, their agents or clerks, 
who shall fail to comply with the requirements herein expressed, 
shall be deemed guilty of a misdemeanor and shall be liable to a 
fine not less than fifty nor more than one hundred dollars, or to 
imprisonment in the county jail not exceeding three months, or 
both, for each and every offense. P. L. 1909 c. 192, § 1. 

Any person, firm or corporation who, by himself, his servant 
or agent, or as the servant or agent of any other person or firm, 
shall leave, throw, or deposit, or have in his possession with- 
in tent to leave, throw or deposit upon the doorstep, hall, porch, 
doorway, vestibule, or premises owned or occupied by another, 
any patent or proprietary medicine or any preparation, pill, tab- 
let, or drug, shall be deemed guilty of a misdemeanor and shall 
be punished by a fine of not less than twenty nor more than one. 



HEALTH. 567 

thousand dollars or by imprisonment for not less than thirty 
days nor more than one year. P. L. 1909 c. 192, § 2. 

Any person injured in his comfort, property or the enjoyment 
of his estate by a common and public, or a private nuisance, 
may maintain against the offender an action on the case for his 
damages, unless otherwise specially provided. R. S. c. 22, 
§ 13; 44 Me. 156; 49 Me. 30; 51 Me. 504; 57 Me. 377; 75 
Me. 378; 80 Me. 33, 310; 85 Me. 281. 

(Note : For provisions relating to medical examination of 
scholars suspected of being diseased or infected, as covered by 
chapter thirty-one, laws of nineteen hundred and nine, see head- 
ing "Schools". For provisions relating to a school physician, as 
covered by chapter seventy-three, laws of nineteen hundred and 
nine, see heading "Schools". For power of committee to exclude 
from schools children not vaccinated, as covered by revised 
statutes, chapter fifteen, section thirty-five, see heading "Schools". 
For provisions in relation to purchase of second-hand books for 
schools, as covered by revised statutes, chapter fifteen, section 
nineteen, as amended by chapter one hundred and thirty-one, 
laws of nineteen hundred and nine, see heading "Schools".) 

If a master, seaman, or passenger of a vessel, in which there is, 
has lately been, or is suspected to have been, any infection, or 
which has come from a port where any infectious distemper pre- 
vails, dangerous to the public health, refuses to answer, on oath, 
such questions as are asked him relating to such infection or dis- 
temper, by the local board of health of the town to which such 
vessel comes, which oath any member of said board may admin- 
ister, he shall forfeit not exceeding two hundred dollars, or be 
imprisoned not more than six months. R. S. c. 18, § 66. 

When a vessel arrives at a port, having on board any person 
infected with a malignant disease, the master, commander, or 
pilot shall anchor it at some convenient place below the town of 
such port, at a distance safe for the inhabitants thereof and the 
persons on board other vessels in said port; and no person or 
thing on board shall be brought on shore, until the local board of 
health gives its written permit. R. S. c. 18, § 67 ; 41 Me. 363 : 
45 Me. 496 ; 52 Me. 118. 

For the willful violation of the preceding section, such master 
or commander forfeits not exceeding two hundred, and the pilot 
not exceeding fifty dollars for each offense. R. S. c. 18, §6$. 

The local board of health of a seaport town may cause vessels 
arriving there to perform quarantine at such place and under 



568 HEALTH. 

such regulations as they may judge expedient, when they think 
that the safety of the inhabitants requires it ; and whoever neg- 
lects or refuses to obey such orders and regulations, shall forfeit 
not exceeding five hundred dollars, or be imprisoned not exceed- 
ing six months. R. S. c. 18, § 69. 

When such local board of health thinks it necessary to order 
all vessels, arriving there from any particular port or ports, to 
perform quarantine, they shall give notice thereof to the pilots of 
their port, who shall make it known to the master of all vessels 
which they board. A pilot who neglects to do so, or who con- 
trary thereto pilots any vessels up to said seaport town, forfeits 
not exceeding one hundred dollars. R. S. c. 18, § 70 ; 41 
Me. 363. 

If the master or commander of a vessel takes it up to any sea- 
port town after notice that a quarantine has been so directed for 
all vessels coming from the port or place whence his vessel sailed, 
or by false declarations, or otherwise, fraudulently attempts to 
elude such directions ; or lands or suffers to be landed from his 
vessel any person or thing, without permission of the local board 
of health, he shall be punished as provided in section sixty-nine. 
R. S. c. 18, § 71. 

The local board of health of every seaport town requiring ves- 
sels to perform quarantine shall provide, at the expense of such 
town, a suitable number of red flags at least three yards in 
length; and the master of every vessel ordered to perform 
quarantine shall during the term thereof, cause one of them to 
be continually kept at the head of the mainmast of his vessel ; 
and no person shall board such vessel during said term unless by 
permission of said local board of health ; if he does, he shall be 
thereafter held liable to the same regulations and restrictions as 
those belonging to said vessel; and shall there be detained by 
force, if necessary, until discharged by said local board of health. 
R. S. c. 18, § 72. 

In every seaport town the health officer may perform all the 
duties and exercise all the authority of the local board of health 
in requiring vessels to perform quarantine. R. S. c. 18, § 73. 

Expenses incurred on account of any person, vessel, or goods, 
under quarantine regulations, shall be paid by such person, or 
the owner of the vessel or goods, as the case may be. R. S. c. 
18, § 74. 

A town may establish therein one or more hospitals for the 



HEALTH. 569 

reception of persons having the small-pox or other diseases dan- 
gerous to the public health ; or its local board of health may 
license any building therein as a hospital, which shall be under 
the control of said board ; but no such hospital shall be within 
one hundred rods of an inhabited dwelling-house in an adjoin- 
ing town without the consent of the local board of health. 
R. S. c. 18, § 75. 

Whoever inoculates himself or any other person, or suffers 
Mmself to be inoculated with the small-pox, unless at some law- 
ful hospital, forfeits not exceeding one hundred dollars for each 
offense. R. S. c. 18, § 76. 

When a hospital is so established or licensed the physicians, 
the persons inoculated or sick therein, the nurses, attendants, 
and all who come within its limits, and all furniture or other 
articles used or brought there, shall be subject to the regulations 
made by the local board of health. R. S. c. 18, § 77. 

When the small-pox or any other disease dangerous to the 
public health breaks out in a town, the local board of health 
shall immediately provide such hospital or place of reception for 
the sick and infected, as they judge best for the accommodation 
and safety of the inhabitants; such hospitals and places are 
subject to their regulations the same as established hospitals ; 
and they shall cause such sick and infected to be removed 
thereto, unless their condition will not permit it without imme- 
diate danger; in which case, the house or place where the sick 
are, shall be deemed a hospital for every purpose aforesaid ; and 
all persons residing in or in any way concerned with it, are sub- 
ject to hospital regulations. R*. S. c. 18, § 78 ; 45 Me. 496 ; 64 
Me. 120; 66 Me. 71, 309. 

When any disease dangerous to the public health exists in a 
town, the municipal officers shall use all possible care to prevent 
Its spread and shall give public notice of infected places to trav- 
elers, by displaying red flags at proper distances, and by all 
other means most effectual, in their judgment, for the common 
safety. R. S. c. 18, § 79 ; 64 Me. 120. 

If any physician or other person in such hospitals or places of 
reception, attending, approaching, or concerned therewith, vio- 
lates any lawful regulations in relation thereto, with respect to 
himself or his or another's property, he forfeits not less than ten, 
nor more than one hundred dollars, for each offense. R. S. c. 
18, § 80. 



570 HEALTH. 

All forfeitures mentioned in the last thirty preceding sections* 
except otherwise provided, inure to the town where the offence 
is committed. R. S. c. 18, § 81. 

Towns, cities and village corporations may make by-laws or 
ordinances, not inconsistent with law, and enforce them by suit- 
able penalties, for the purpose and with the limitations follow- 
ing : 

Third, Respecting infectious diseases and health. R. S. c- 
4, § 93. 

See power of local board of health to make orders and 
by-laws, post. 

Whoever knowingly and willfully poisons, defiles or in any 
way corrupts the waters of any well, spring, brook, lake, pond* 
river or reservoir, used for domestic purposes for man or beast, 
or knowingly corrupts the sources of any public water supply, or 
the tributaries of said sources of supply in such manner as to- 
affect the purity of the water so supplied, or knowingly denies 
such water in any manner, whether the same be frozen or not, 
or puts the carcass of any dead animal or other offensive mate- 
rial into said waters, or upon the ice thereof, shall be punished 
by a fine not exceeding one thousand dollars, or by imprison- 
ment not exceeding one year. R. S. c. 129, § 1, as amended by 
P. L. 1907 c. 104. 

The owner or person having charge of any animal, or meat or 
milk of any animal affected with tuberculosis or other contagious 
or infectious disease, who, knowing that the animal is thus 
affected, shall hold the animal, or its meat or milk, for human 
food, shall be punished by a fine of not less than five, nor more 
than fifty dollars. R. S. c. 129, § 2. 

Whoever sells or offers for sale, milk or cream from cows 
known to be diseased, or from cows sick, or fed upon any sub- 
stance deleterious to its quality, or kept in a filthy or unsanitary 
condition, or milk to which water or any foreign substance has 
been added, or sells or offers for sale as pure milk, any milk from 
which the cream has been taken, or milk in or from cans or other 
utensils that are not kept in a clean or sanitary condition, shall, 
for the first offense, be punished by a fine not exceeding fifty 
dollars, and for a second offense by a fine not exceeding one hun- 
dred dollars. When milk shall, by analysis, be found to contain 
over eighty-eight and one-fourth per cent of water or less than 
eight and one-half per cent of solids exclusive of fat, it shall be- 
deemed prima facie evidence that said milk has been watered,, 



HEALTH. 571 

and when milk, by analysis, shall be found to contain less than 
eleven and three-fourths per cent of solids and less than three 
and one-fourth per cent of fat, it shall be deemed prima facie 
milk from which cream has been taken, and any milk which, by 
analysis, shall be found to contain any foreign substance, shall be 
deemed milk to which a foreign substance has been added. R. S. 
c. 129, § 3, as amended by P. L. 1905 c. 40 and further amended 
by P. L. 1909 c. 144. 

Whoever sells diseased, corrupted or unwholesome provision 
for food or drink, knowing it to be such, or fraudulently adulter- 
ates, for the purpose of sale, any substance intended for food, or 
any wine, spirits or other liquors intended for drink, so as to 
render them injurious to health, shall be punished by imprison- 
ment for not more than five years, or by a fine not exceeding one 
thousand dollars; and whoever kills or causes to be killed for 
the purpose of sale, any calf less than four weeks old, or know- 
ingly sells, or has in possession with intent to sell for food, the 
meat of any calf killed when less than four weeks old, shall be 
punished by imprisonment in the jail or house of correction, not 
exceeding thirty days, or by fine not exceeding fifty dollars ; and 
all such meat exposed for sale, or kept with intent to sell, may 
be seized and destroyed by any board of health, or health officer, 
or any sheriff, deputy sheriff, constable, or police officer. R. S. 
c. 129, § 4. 

When complaint is made on oath to any court or justice 
authorized to issue warrants in criminal cases, that the meat of 
calves killed when less than four weeks old, is kept or concealed 
with intent to sell the same for purposes of food, such magistrate, 
when satisfied that there is reasonable cause for such belief, may 
issue a warrant to search therefor. R. S. c. 129, § 5. 

No person shall manufacture, sell, expose for sale or have in his 
possession with intent to sell, or .take orders for the future deliv- 
ery of any article, substance or compound made in imitation of 
yellow butter or cheese, and not made exclusively and wholly of 
cream or milk, or containing any fats, oil or grease not produced 
from milk or cream, whether said article, substance or compound 
be named oleomargarine, butterine or otherwise named. R. S. c. 
129, § 6, as amended by P. L. 1905 c. 38 ; 95 Me. 94. 

Every inspector of milk, sheriff, deputy sheriff or constable 
shall institute complaint for violations of the preceding section 
whenever he has reasonable cause for suspicion, and on the infor- 
mation of any person who shall lay before him satisfactory evi- 



572 HEALTH. 

dence of the same. Said inspector or officer shall take specimens 
of suspected butter or cheese and cause the same to be analyzed or 
otherwise satisfactorily tested. The expense of such analysis 
or test not exceeding twenty dollars in any one case, may be 
included in the costs of prosecution, and taxed and allowed to 
the officer paying the same. R. S. c. 129, § 7. 

For the purposes of this chapter, the terms "butter" and 
"cheese" mean the products usually known by those names, and 
which are manufactured exclusively from milk or cream, or both, 
with salt and rennet, and with or without coloring matter. R. S. 
c. 129, § 8, as amended by P. L. 1905 c. 38, § 6. 

Whoever, by himself or his agent, sells or offers for sale eggs 
that have been in cold storage or limed, or that have been pre- 
served in any manner and are not what are usually denominated 
fresh eggs, without notice to the purchaser or purchasers, know- 
ingly and with intent to deceive, shall be punished by imprison- 
ment not exceeding thirty days, or by fine not exceeding one 
hundred dollars. R. S. c. 129, § 9. 

No person shall furnish oleomargarine in any hotel, restaurant 
or boarding-house, or at any lunch counter, to a guest or patron 
thereof, instead of butter, without notifying said guest or patron 
that the substance so furnished is not butter. P. L. 1905 c. 38, 
§2. 

No person shall sell or offer for sale to any person who asks, 
sends or inquires for butter or cheese, any substance or compound 
made in imitation of butter or cheese. P. L. 1905 c. 38, § 3. 

No person shall sell, offer or expose for sale any renovated 
butter, unless the words "renovated butter" shall be conspicu- 
ously and plainly stamped, labeled or marked, so that said words 
cannot be easily defaced, upon the top and side of every tub, 
firkin, box or package containing said article or compound. The 
seller at retail of said article or' compound, which is not in the 
original package, shall attach to each package so sold and deliver 
therewith to the purchaser a label or wrapper bearing in a con- 
spicuous place upon the outside of the package the words "ren- 
ovated butter." P. L. 1905 c. 38, § 4. 

Any person who violates any provision of the four preceding 
sections shall be punished for the first offense by a fine not 
exceeding one hundred dollars and for the second offense by a 
fine not exceeding two hundred dollars. Municipal and police 
courts and trial justices are hereby vested with the original juris- 
diction concurrent with the supreme judicial and superior courts, 



HEALTH. 573 

to try and upon conviction, to punish for the offenses against the 
provisions of this act. P. L. 1905 c. 38, § 5, as amended by P. 
L. 1907 c. 22. 

It shall be unlawful for any person within this state to manu- 
facture, sell, transport, or offer for sale or transportation, any 
article of food or drug which is adulterated or misbranded within 
the meaning of this act. P. L. 1907 c. 124, § 1. 

The term "drug" as used in this act, shall include all medi- 
cines and preparations recognized in the United States pharma- 
copoeia or national formulary for internal or external use, and 
any substance or mixture of substances intended to be used for 
the cure, mitigation, or prevention of disease of either man or 
other animals. The term "food" as used herein, shall include all 
articles used for food, drink, confectionery, or condiment by man 
or other animals, whether simple, mixed or compound. P. L. 
1907 c. 124, § 2. 

For the purposes of this act an article shall be deemed to be 
adulterated : 

In case of drugs — 

First. If when a drug is sold under or by a name recognized 
in the United States pharmacopoeia or national formulary, it dif- 
fers from the standard strength, quality or purity, as determined 
by the test laid down in the United States pharmacopoeia or 
national formulary official at the time of investigation ; provided, 
that no drug defined in the United States pharmacopoeia or 
national formulary shall be deemed to be adulterated under this 
provision if the standard of strength, quality, or purity be 
plainly stated upon the bottle, box or other container thereof 
although the standard may differ from that determined by the 
test laid down in the United States pharmacopoeia or national 
formulary. 

Second. If its strength or purity fall below the professed 
standard or quality under which it is sold. 

In case of confectionery — 

If it contains terra alba, barytes, talc, chrome yellow, or other 
mineral substances of poisonous color or flavor, or other ingredi- 
ent deleterious or detrimental to health, or any vinous, malt, or 
spirituous liquor or compound or narcotic drug. 

In case of food — 

First. If any substance has been mixed and packed with it 



574 HEALTH. 

so as to reduce or lower or injuriously affect its quality or 
strength. 

Second. If any substance has been substituted wholly or in 
part for the article. 

Third. If any valuable constituents of the article have been 
wholly or in part abstracted. 

Fourth. If it be mixed, colored, powdered, coated, or stained 
in a manner whereby damage or inferiority is concealed. 

Fifth. If it contain any added poisonous or other added 
deleterious ingredient which may render such article injurious to 
health ; provided, that when in the preparation of food products 
for shipment they are preserved by any external application 
applied in such manner that the preservative is necessarily 
removed mechanically, or by maceration in water, or otherwise, 
and directions for the removal of said preservative shall be 
printed on the covering of the package, the provisions of this 
act shall be construed as applying only when said products are 
ready for consumption. 

Sixth. If it consist in whole or in part of a filthy, decom- 
posed, or putrid animal or vegetable substance, or any portion of 
an animal unfit for food, whether manufactured or not, or if it is 
the product of a diseased animal, or one that has died otherwise 
than by slaughter. P. L. 1907 c. 124, § 3. 

The term "misbranded" as used herein, shall apply to all 
drugs, or articles of food, or articles which enter into the com- 
position of food, the package or label of which shall bear any 
statement, design or device regarding such article, or the ingre- 
dients or substances contained therein which shall be false or 
misleading in any particular and to any food or drug product 
which is falsely branded as to the state, territory, or country in 
which it is manufactured or produced. 

For the purpose of this act an article shall also be deemed to 
be misbranded : 

In case of drugs — 

First. If it be an imitation of or offered for sale under the 
name of another article. 

Second. If the contents of the package as originally put up 
shall have been removed, in whole or in part, and other contents 
shall have been placed in such package, or, except in the case of 
a physician's prescription compounded by a physician or a regis- 



HEALTH. 575 

tered pharmacist, if the package fail to bear a statement on the 
label of the quantity or proportion of any alcohol, morphine, 
opium, cocaine, heroin, alpha or beta eucaine, chloroform, canna- 
bis indica, chloral hydrate or acetanilide or any derivative or any 
preparation of any such substances contained therein. 

In the case of food — 

First. If it be an imitation of or offered for sale under the 
distinctive name of another article. 

Second. If it be labeled or branded so as to deceive or mis- 
lead the purchaser, or purport to be a foreign product when not 
so, or if the contents of the package as originally put up shall 
have been removed in whole or in part and other contents shall 
have been placed in such package, or if it fails to bear a state- 
ment on the label of the quantity or proportion of any morphine, 
opium, cocaine, heroin, alpha or beta eucaine, chloroform, canna- 
bis indica, chloral hydrate, or acetanilide, or any derivative or 
preparation of any of such substances contained therein. 

Third. If in package form, and the contents are stated in 
terms of weight or measure, they are not plainly and correctly 
stated on the outside of the package. 

Fourth. If the package containing it or its label shall bear 
any statement, design, or device regarding the ingredients or the 
substances contained therein, which statement, design, or device 
shall be false or misleading in any particular ; provided, that an 
article of food which does not contain any added poisonous or 
deleterious ingredients shall not be deemed to be adulterated in 
the following cases : 

First. In the case of mixtures or compounds which may be 
now or from time to time hereafter known as articles of food, 
under their own distinctive names, and not an imitation of or 
offered for sale under the distinctive name of another article, if 
the name be accompanied on the same label with a statement of 
the place where said article has been manufactured or produced. 

Second. In the case of articles labeled, branded, or tagged so 
as to plainly indicate that they are compounds, mutations, or 
blends, and the word "compound," "imitation," or "blend," as the 
<?ase may be, is plainly stated on the package in which it is 
offered for sale, provided, that the term "blend" as used herein 
shall be construed to mean a mixture of like substances, not 
excluding harmless coloring or flavoring ingredients used for the 
purpose of coloring or flavoring only. And provided further. 



576 HEALTH. 

that nothing in this act shall be construed as requiring or com- 
pelling proprietors or manufacturers of proprietary foods which 
contain no unwholesome added ingredient to disclose their trade 
formulas except in so far as the provisions of this act may require 
to secure freedom from adulteration or misbranding. P. L. 1907 
c. 124, § 4. 

The director of the Maine agricultural experiment station 
shall make uniform rules and regulations for carrying out the 
provisions of this act, including the collection and examination of 
specimens of foods and drugs manufactured, sold, transported, or 
offered for sale or transportation within this state, or which may 
be submitted for examination by any health, food or drug officer 
of any town, city or county within the state. The said director 
may also adopt or fix standards of purity, quality or strength 
when such standards are not specified or fixed by law and shall 
publish them together with such other information concerning 
articles of food and drugs as may be of public benefit. Such 
rules, regulations and standards shall, where possible, conform to 
and be the same as the rules and regulations adopted from time 
to time for the enforcement of act of Congress approved June 
thirtieth, nineteen hundred and six, and known as "The Food 
and Drugs Act." P. L. 1907 c. 124, § 5. 

The director of the Maine agricultural experiment station 
shall analyze, or cause to be analyzed, samples of articles of 
food and drugs on sale in Maine, and at such times and to such 
extent as said director may determine. And said director, in 
person or by deputy, shall have free access at all reasonable hours 
to any place wherein articles of food or drugs are offered for sale,, 
and upon tendering the market price of any such article may 
take from any person samples for analysis. The result of all 
analysis of articles of food and drugs made by said director shall 
be published by him in the bulletins or reports of the experiment 
station, together with the names of the persons from whom the 
samples were obtained, and the names of the manufacturers 
thereof. P. L. 1907 c. 124, § 6. 

When the said director becomes cognizant of the violation of 
any of the provisions of this act he shall cause notice of such 
fact, together with a copy of the findings, to be given to the 
party or parties concerned, including those from whom the sample 
was obtained, and to the party, if any, whose name appears upon 
the label as manufacturer, packer, wholesaler, retailer or other 
dealer. The parties so notified shall be given an opportunity to 
be heard under such rules and regulations as may be prescribed 



HEALTH. 577 

as aforesaid. Notices shall specify the date, hour and place of 
the hearing. The hearing shall be private and the parties inter- 
ested therein may appear in person or by attorney. If the party 
whose name appears upon the label* resides without the state he 
shall be entitled to reasonable notice by mail at such address as 
may, with due diligence, be obtained. P. L. 1907 c. 124, § 7. 

Any person who adulterates or misbrands, within the meaning 
of this act, any article of food or drugs, or any person who sells, 
transports, offers or exposes for sale or transportation any adul- 
terated or misbranded article of food or drugs, shall be punished 
by a fine not exceeding one hundred dollars for the first offense 
and not exceeding two hundred dollars for each subsequent 
offense. Trial justices and municipal and police courts are 
hereby vested with original jurisdiction concurrent with the 
supreme judicial and superior courts, to try, and, upon convic- 
tion, to punish, for offenses against the provisions of this act. 
P. L. 1907 c. 124, § 8. 

No dealer shall be prosecuted under the provisions of this act 
when he can establish a guaranty signed by the wholesaler, job- 
ber, manufacturer, or other party residing in the United States, 
from whom he purchased such articles, to the effect that the 
same is not adulterated or misbranded within the meaning of 
this act, designating it. Said guaranty, to afford protection, 
shall contain the name and address of the party or parties mak- 
ing the sale of such articles to such dealer, and in such case said 
party or parties shall be amenable to the prosecutions, fines and 
other penalties which would attach, in due course, to the dealer 
under the provisions of this act. P. L. 1907 c. 124, § 9. 

The director of the Maine agricultural experiment station shall 
diligently enforce all the provisions of this act, and when after 
due hearing he is convicted that the provisions of this act have 
been violated he shall, in his discretion prosecute all offenses 
against the same. P. L. 1907 c. 124, § 10. 

There shall be appropriated annually from the state treasury 
the sum of nine thousand dollars in favor of the Maine agricul- 
tural experiment station, and the same shall be expended by the 
directors of said station in executing the provisions of the laws 
relating to the collection, examination, inspection and analysis 
of agricultural seeds, concentrated commercial feeding stuffs, 
commercial fertilizer and foods and drugs. Payments of said 
appropriation shall be made quarterly upon the order of the gov- 

37 



578 HEALTH. 

ernor and council, who shall draw a warrant for that purpose. 
The director of said station shall annually publish in the reports 
or bulletins of the station a classified account of all receipts and 
expenditures under this act. P. L. 1909 c. 115, § 1. 

The word "person" as used in this act shall be construed to 
import both the plural and the singular, as the case demands, 
and shall include corporations, companies, societies and associa- 
tions. When construing and enforcing the provisions of this 
act, the act, omission, or failure of any officer, agent, or other 
person acting for or employed by any corporation, companj-, 
society, or association, within the scope of his employment or 
office, shall in every case be also deemed to be the act, omission, 
or failure of such corporation, company, society, or association 
as well as that of the person. P. L. 1907 c. 124, § 12. 

The commissioner of agriculture shall, either in person or by 
duly authorized agent or assistant, diligently inquire into and 
investigate the production, manufacture, transportation, storage 
and sale of milk, cream, butter and all other dairy products, sub- 
stitutes therefor and imitations thereof. And said commissioner, 
his agents or assistants, shall have access at all reasonable hours, 
to all places of business, factories or carriages, cans or other 
vessels used or which he or they believe to be used in the pro- 
duction or handling of milk or any other dairy product, substi- 
tute therefor or imitation thereof, and upon tendering the market 
price of a sample of milk or other dairy products, substitute 
therefor or imitation thereof, may take such sample from any 
person, firm, corporation, association or society, and said com- 
missioner of agriculture shall cause all samples taken by author- 
ity of this act to be analyzed. P. L. 1909 c. 35, § 1. 

Any person who hinders, obstructs, or in any way interferes 
with the commissioner of agriculture, his agents or assistants, in 
the performance of his or their duty, herein above set forth, by 
refusing entrance to any place where he is authorized to enter, 
or access to any receptacle to which he is authorized to have 
access, or by refusing to deliver to him, his agents or assistants, 
a sample of milk or any other dairy product, substitute therefor 
or imitation thereof, sold, offered or exposed for sale by the per- 
son to whom such request is made if the value thereof is ten- 
dered, or shall in any other manner hinder, obstruct or interfere 
with said commissioner, his agents or assistants in the perform- 
ance of any of their said duties, shall be punished by a fine of 
one hundred dollars for the first offense and two hundred dollars 
for each subsequent offense. P. L. 1909 c. 35, § 2. 



HEALTH. 579 

The commissioner of agriculture shall publish the results of 
all analyses with the names of the persons, firms, corporations, 
associations and societies from which the samples analyzed were 
taken, together with such suggestions as he may deem advisable, 
in the regular or special bulletins issued by the department of 
agriculture. He shall also, in his discretion, issue each month a 
report of the results of all analyses, for distribution to all such 
newspapers in the state as may request a cop)\ P. L. 1909 c. 
35, § 3. 

Any person, firm, corporation, association or society who shall 
sell or deliver milk or cream to any person from a wagon or 
other conveyance, depot or store, or who shall sell or deliver 
milk to a hotel, restaurant, boarding-house or any public place, 
shall be considered a milk dealer within the meaning of this act, 
and shall on or before the first day of April in each year register 
with the commissioner of agriculture, furnishing such informa- 
tion as may be required, upon blanks issued and furnished by 
said commissioner of agriculture to such persons as may request 
the same. And every such registration shall expire April first, 
next after its issue and shall be given only to the milk dealer 
owning or leasing the vehicle or place from which sales or sup- 
plies are to be made, and shall not be transferred. Upon 
receipt of the application for registration, containing the infor- 
mation required, the commissioner shall issue to said applicant a 
certificate of registration, which certificate shall be posted in a 
conspicuous place in the store or depot from which sale or sup- 
ply is made, and the number of the certificates of registration 
for each wagon or other vehicle shall be placed in a conspicuous 
place on said wagon or other vehicle. Should any person, firm, 
corporation, association or society desire to become a milk 
dealer, as provided by this section, before the first day of April 
in any year, he or they shall, prior to engaging in the business, 
register with the commissioner of agriculture in the same man- 
ner as hereinbefore provided, for each place or vehicle from 
which sale or supply is to be made. Any dealer who neglects 
or refuses to register with the commissioner of agriculture, or to 
post certificates of registration in the store or depot from which 
sale or supply is made, or to post the number of the certificate 
of registration on the wagon or other vehicle from which sale or 
supply is made, as provided in this section, forfeits fifty dollars 
to be recovered in an action of debt, to be prosecuted in the 
name of the state by the county attorney for the county in 
which such violation of this statute has occurred, but the pro- 



5 80 HEALTH. 

visions of this section shall not apply to milk or cream delivered 
to a creamery or butter or cheese factor} 7 . All provisions of 
law now existing requiring the licensing of milk dealers as they 
are known under this section shall be and hereby are repealed 
when this act shall take effect. P. L. 1909 c. 35, § 4. 

The commissioner of agriculture shall, either in person or by 
duly authorized agent or assistant, diligently enforce, in the 
name of the state, the laws regarding the production, manufac- 
ture, transportation, storage and sale of milk and other dairy 
products, substitutes therefor or imitations thereof, including 
oleomargarine and renovated butter, and for the above purpose 
he may employ such agents, assistants, chemists, counsel and 
clerks, and he may purchase such samples of milk, cream and 
other dairy products, substitutes therefor or imitations thereof, 
and such stationery, postage, printed matter and other supplies 
incidental thereto, as may be necessary for the proper enforce- 
ment of said laws, and for such expenses there shall be appro- 
priated annually the sum of four thousand dollars, to be paid 
upon the approval of the governor and council upon the presen- 
tation of proper vouchers. P. L. 1909 c. 35, § 5. 

The county attorney for the county in which a violation of 
these statutes has occurred, shall when called upon to do so by 
the commissioner of agriculture or either of his duly authorized 
agents or assistants, give all the aid in his power to secure the 
enforcement of this chapter, and shall prosecute cases arising 
under the provisions of this chapter, or the provisions of other 
statutes relating to dairy products, substitutes therefor or imita- 
tions thereof. P. L. 1909 c. 35, § 6. 

Trial justices and municipal and police courts are hereby 
vested with original jurisdiction concurrent with the supreme 
and superior courts, to try, and, upon conviction, to punish, for 
offenses against the provisions of this act and all other statutes 
relating to the production, manufacture, transportation, storage 
and sale of milk, cream, butter, cheese and all other dairy prod- 
ucts, substitutes therefor or imitations thereof. P. L. 1909 
c. 35, § 7. 

The mayor and aldermen, selectmen, assessors, city marshal, 
chief of police and constables in every city and town shall make 
complaint and prosecute all violations of this chapter and 
promptly enforce all laws against illegal sale and transportation 
of dairy products. One-half of the penalty shall go to the town 



HEALTH. 581 

in which the offense is committed and the other half to the com- 
plainant. P. L. 1909 c. 35, § 8. 

Cities may establish localities for, and regulate the sale of 
fresh meat and fish, therein, and fix penalties for breach thereof. 
R. S. c. 4, § 93, par. 11. 

The municipal officers of towns, shall cause all cattle, swine 
and sheep therein infected with lung murrain or pleuropneu- 
monia, or any other contagious disease, or which have been 
exposed to infection, to be secured or collected in some suitable 
place or places therein, and kept isolated ; and when taken from 
the possession of their owners, one-fifth of the expense thereof 
shall be paid by the town, and four-fifths by the state, such iso- 
lation to continue so long as the existence of such disease or 
other circumstances render it necessary : or they may direct the 
owners thereof to isolate such cattle, swine and sheep, upon 
their own premises, and any damage or loss sustained thereby 
shall be paid as aforesaid. R. S. c. 19, § 15. 

They may prohibit the departure of cattle from any enclosure, 
and exclude cattle therefrom. R. S. c. 19, § 16. 

They may in writing regulate or prohibit the passage from, to 
or through their towns, or from place to place therein, of any 
neat cattle, and may arrest and detain, at the cost of the owners, 
all cattle found passing in violation of such regulations, and may 
take all other necessary measures for the enforcement of such 
prohibition, and for preventing the spread of any such disease in 
their towns, and the immediate vicinity thereof. R. S. c. 19, 
§17. 

Such regulations shall be recorded in the records of their 
towns, and shall be published in said towns in such manner as 
said regulations provide. R. S. c. 19, § 18. 

Whoever sells or disposes of any animal infected or known to 
have been exposed to infection, within one year after such 
exposure, without the knowlege and consent of the municipal 
officers, shall be fined not exceeding five hundred dollars or be 
imprisoned not exceeding one year. R. S. c. 19, § 19. 

Whoever disobeys the orders of said municipal officers made 
in conformity with sections sixteen and seventeen, or drives or 
transports any neat cattle contrary to the regulations so made, 
recorded and published, shall be punished as provided in section 
nineteen. R. S. c. 19, § 20. 



582 HEALTH. 

Whoever knows or has reason to suspect the existence of any- 
fatal contagious disease among the domestic animals in his pos- 
session or under his care, shall forthwith give notice thereof to 
the local board of health, and for failure to do so, shall be pun- 
ished, as provided in section nineteen. R. S. c. 19, § 21. 

Whenever a local board of health or its executive officer has 
notice of, or suspects the existence of, a case of tuberculosis or 
glanders in domestic animals, such board or officer shall forth- 
with investigate or cause to be investigated the truth of such 
notification or the grounds for such suspicion; and if there 
appear to be good grounds for believing that such disease is 
present, the local board of health or its executive officer shall 
notify the state cattle commissioners, reciting in said notification 
the ground for their belief or suspicion. R. S. c. 18, § 89. 

Any town whose officers neglect or refuse to carry into effect 
the provisions of sections fifteen to nineteen inclusive, forfeits 
not exceeding five hundred dollars for each day's neglect. R. S. 
c. 19, § 22. 

The municipal officers of towns may, when they deem it neces- 
sary to carry into effect the purposes of sections fifteen to eight- 
een inclusive, take and hold possession for a term not exceed- 
ing one year, of any land within their towns without buildings 
other than barns thereon, for enclosing and isolating any cattle, 
and they shall cause the damages sustained by the owners in 
consequence thereof, to be appraised by the assessors thereof, 
and they shall further cause a description of such land, setting 
forth the boundaries thereof, and the area as nearly as may be 
estimated, together with said appraisal, to be entered in the 
records of the town. The amount of said appraisal shall be paid 
as provided in section fifteen, in such sums and at such times as 
they may order. If such owner is dissatisfied with the appraisal, 
he may, in an action on the case, recover from the town a fair 
compensation for the damages sustained by him ; but no costs 
shall be taxed, unless the damages recovered in such action, 
exclusive of interest, exceed the appraisal of the assessors. The 
state shall reimburse the town four-fifths of any sum so recov- 
ered. R. S. c. 19, § 23. 

Whenever such disease exists in a town the municipal officers 
shall forthwith give notice thereof to the State of Maine Cattle 
Commission. R. S. c. 19, § 24. 

Sections fifteen to twenty-four inclusive apply to horses 



HEALTH. 583 

infected with glanders, or any other contagious disease. R. S. 
c. 19, § 25. 

It shall be the duties of the assessors of all cities, towns and 
plantations to keep a record of all pure blooded cattle kept for 
breeding purposes, and shall report to the secretary of the cattle 
commissioners on or before the first day of July of each year, 
the name of the owner, number of each herd, age and sex, such 
reports to be made upon blanks furnished by the cattle commis- 
sioners. P. L. 1905 c. 83, § 1. 

All persons selling pure blooded cattle or cattle represented 
to be pure blooded, for breeding purposes, shall, before delivery, 
make a report to said commissioners on blanks furnished by 
them on application, stating the number of cattle sold, their age 
and sex and to whom sold, and before delivery thereof such 
cattle shall be tested with tuberculin and a certificate of health 
be given by said commissioners or some person duly authorized 
by them to the seller and purchaser ; provided that no such cer- 
tificate shall be required in case the cattle so sold shall have 
been tested, within six months under the direction of the cattle 
commissioners and a certificate of health granted by them within 
that time, except in cases of cattle that have been so tested and 
certified within twelve months previous to such sale, or calves 
under four months old. P. L. 1909 c. 83, § 2, as amended by 
P. L. 1905 c. 151, § 1. 

Any person bringing pure blooded cattle into this state for 
breeding purposes shall report to the commissioners the name 
and residence of seller, number purchased, age and sex upon 
blanks furnished by the commissioners upon application. Such 
cattle shall remain upon the purchaser's premises thirty days 
from date of arrival and within that time be tested by order of 
the commissioners. But nothing herein contained shall be con- 
strued as requiring the testing of calves under four months old. 
P. L. 1905 c. 83, § 3. 

Whoever violates any provision of the three preceding sections 
shall be punished by a fine of not less than twenty-five dollars 
nor more than fifty dollars for each offence. P. L. 1909 c. 151, 
§2. 

The state board of health as hereby established shall consist 
of six members, appointed by the governor, with the advice and 
consent of the council, and a secretary elected as hereinafter pro- 
vided. The governor, with the advice and consent of the coun- 
cil, shall annually appoint a member of said board to hold office 



584 HEALTH. 

for six years from the thirty-first day of January of each year. 
The members so appointed by the governor shall elect a secre- 
tary, who shall, by virtue of such election, become a member of 
the board, and its executive officer. The board may elect one of 
their own number secretary, in which case his term of office as a 
member by appointment of the governor shall expire, and the 
governor, with the advice and consent of the council, shall 
appoint another member to complete the full number of the 
board. R. S. c. 18, § 1. 

The state board of health shall have the general supervision 
of the interests of health and life of the citizens of the state. 
They shall study the vital statistics of the state, and endeavor to 
make intelligent and profitable use of the collected records of 
deaths and of sickness among the people ; they shall make sani- 
tary investigations and inquiries respecting the causes of disease 
and especially of communicable diseases and epidemics, the causes 
of mortality, and the effects of localities, employments, condi- 
tions, ingesta, habits and circumstances on the health of the 
people ; they shall investigate the causes of disease occurring 
among the stock and domestic animals in the state, and the 
methods of remedying the same ; they shall gather such informa- 
tion in respect to all these matters as they may deem proper for 
diffusion among the people; they shall, when required or when 
they shall deem it best, advise officers of the government, or 
other boards within the state, in regard to the location, drainage, 
water supply, disposal of excreta, heating and ventilation of any 
public institution or building ; they shall from time to time 
examine and report upon works on the subject of hygiene for 
the use of the schools of the state ; they shall have general over- 
sight and direction of the enforcement of the statutes respecting 
the preservation of health ; and they shall, in the month of Janu- 
uary, make report to the governor and council of their doings, 
investigations and discoveries during the year ending on the 
thirty-first day of December, with such suggestions as to legisla- 
tive action as they may deem necessary. R. S. c. 18, § 2. 

The board shall meet quarterly at Augusta and at such other 
places and times as they may deem expedient. Suitable accom- 
modations for the meeting of the board, and office room for its 
secretary shall be provided at the state capitol. A majority 
shall be a quorum for the transaction of business. They shall 
choose annually one of their number to be their president, and 
may adopt rules and by-laws subject to the provisions of this 
chapter. They may send the secretary, or a committee of the 



HEALTH. 585 

board, to any part of the state, when deemed necessary to con- 
duct an investigation within the scope of their prescribed work. 
R. S. c. 18, § 3. 

The secretary shall hold his office as long as he shall faithfully 
discharge the duties thereof ; he may be removed for just cause 
at a regular meeting of the board, by vote of a majority of the 
members. He shall keep his office at the state capitol, and shall 
perform the duties prescribed by law or required by the board. 
He shall keep a record of the transactions of the board ; shall 
have the custody of all books, papers, documents, and other 
property belonging to the board, which, may be deposited in his 
office ; shall, as far as practicable, communicate with other state 
boards of health, and with the local boards of health within this 
state ; shall keep and file all reports received from such local 
boards of health and all correspondence of the office appertaining 
to the business of the board. He shall,, as far as possible, aid in 
obtainmg contributions to the library and museum of the board. 
He shall prepare blank forms of returns, and such instructions 
as may be necessary, and forward them to the local boards of 
health throughout the state. He shall collect information con- 
cerning vital statistics, knowledge respecting diseases, and all 
useful information on the subject of hygiene, and through an 
annual report, and otherwise, as the board may direct, shall dis- 
seminate such information among the people. R. S. c. 18, § 4. 

The secretary shall receive an annual salary which shall be 
fixed by the state board of health. The board shall quarterly 
certify the amount due him, and on presentation of said certifi- 
cate the governor shall draw his warrant on the treasurer of 
state for the amount. The members of the board shall receive 
no compensation for their services, but their traveling and other 
necessary expenses while employed on the business of the board 
shall be allowed and paid. R. S. c. 18, § 5. 

The sum of fifty-five hundred dollars shall be annuall}* appro- 
priated to pay the salary of the secretary, meet the contingent 
expenses of the office of the secretary and the expenses of the 
board, which shall not exceed the sum hereby appropriated. 
Said expenses shall be certified and paid in the same manner as 
the salary of the secretary. R. S. c. 18, § 6, as amended by 
P. L. 1909 c. 48, § 1. 

In order to afford to this board, better advantages for obtain- 
ing knowledge important to be incorporated with that collected 
through special investigations and from other sources, all officers 



586 HEALTH. 

of the state, the physicians of all incorporated companies, and 
the president or agent of any company chartered, organized, or 
transacting business under the laws of this state, as far as prac- 
ticable, shall furnish to the state board of health any informa- 
tion bearing upon public health which may be requested by said 
board for the purpose of enabling it better to perform its duties 
of collecting and distributing useful knowledge on this subject. 
R. S. c. 18, § 7. 

The secretary of the state board of health shall be the regis- 
trar of vital statistics for the state, and shall furnish to clergy- 
men, and others authorized to marry, to sextons, to physicians, 
town clerks, clerks of the society of Friends, and clerks of 
courts, a copy of the provisions of this chapter relating to the 
registration of vital statistics, and suitable blanks for recording 
births, marriages, deaths and divorces, so printed, with appro- 
priate headings, as readily to show the following facts and such 
others as may be deemed necessary to secure an accurate 
registration. 

First. The record of birth shall state its date and place of 
occurrence, full christian and surname, if named, color and sex 
of child, whether living or stillborn, and the full christian and 
surnames, color, occupation, residence and birthplace of parents. 

Second. The record of marriage shall state its date and place 
of occurrence, the name, residence, and official character of the 
person by whom solemnized, the full christian and surnames of 
the parties, the age, color, birthplace, occupation and residence 
of each, the condition, whether single or widowed, whether first* 
second or other marriage ; and the full christian and surnames, 
residence, color, occupation and birthplace of their parents. 

Third. The record of death shall state its date, the full chris- 
tian and surname of the deceased, the sex, color, condition, 
whether single or married, age, occupation, place of birth, place 
of death, the full christian and surnames and birthplaces of par- 
ents, and the disease or other cause of death, so far as known. 
R. S. c. 61, § 18. 

(Note : For power of state board of health to fill vacancies 
in local board of health in certain cases, see section one hundred 
and twelve, under heading "Local Board of Health," post. Two 
members of state board of health shall be an examining board 
for undertakers and keep list of embalmers. R. S. c. 18, § 15. 
Enforcement of vaccination in paper mills, see section one hun- 



HEALTH. 587 

dred and fifty-one, under heading "To Provide against the 
Danger of Small-pox from Paper Mills," post.) 

The state board of health may establish and equip with the 
proper and necessary apparatus, instruments and supplies a state 
laboratory of hygiene, .for the chemical and bacteriological exam- 
ination of water supplies, milk and food products, and the 
examination of cases and suspected cases of diphtheria, typhoid 
fever, tuberculosis, glanders and other infectious and contagious 
diseases. R. S. c. 10, § 21. 

The state board of health shall appoint a director of such 
laboratory, who shall hold that position at the pleasure of the 
board. He shall keep a record of all specimens sent to him for 
examination, and examine these specimens without unnecessary 
delay, and do such other work, and make such other investiga- 
tions relating to the public health as said board may from time 
to time direct. He shall annually in the month of January 
make a full report to the board of all matters pertaining to the 
laboratory, and shall make such other and special report as the 
board may require. The kind and amount of the work he shall 
do and the compensation therefor shall be fixed by said board. 
The services of the laboratory and all investigations therein 
made shall be free to the people of the state. R. S. c. 18, § 22. 

The sum of four thousand five hundred dollars a year is 
hereby appropriated to pay for the services of the director, and 
of such assistants as may be necessary, to procure the necessary 
supplies, and to meet the other necessary expenses of said labo- 
ratory, which sum shall be expended under the supervision of 
the state board of health. R. S. c. 18, § 23, as amended by P. L. 
1907 c. 26. 

There shall be a local board of health in each city and town in 
the state, to be composed of three members appointed by the 
municipal officers, anything in the charter of such city to the 
contrary notwithstanding ; the board first appointed in any town 
shall be appointed to serve, one for three years, one for two 
years, and one for one year, and thereafterwards the municipal 
officers in each town shall annually before the fifteenth day of 
April, appoint a member of such board to serve three years, and 
to hold office until another is appointed in his stead. Any 
vacancy arising from any cause, shall be filled for the unexpired 
term at the first meeting thereafter, of the municipal officers. 
If, for any reason, the appointments are not made at said dates,. 



588 HEALTH. 

the same shall be made as soon as may be thereafter. R. S. c. 
18, § 24. 

If the municipal officers of any city or town shall fail to 
appoint a local board of health, or to fill any vacancy in said 
board, in accordance with the provisions of the preceding sec- 
tion, the secretary of the state board of health may in writing 
request such municipal officers to make such appointment, and 
if the municipal officers shall neglect or refuse to do so for a 
period of thirty days after receiving such written request, the 
state board of health may appoint such local board of health, or 
fill any vacancy therein. R. S. c. 18, § 25. 

Before the fifteenth day of May in each year, the board of 
health shall meet for the transaction of business, and shall choose 
a chairman and secretary from their number. R. S. c. 18, § 26 # 

The chairman shall preside at all meetings of the board. The 
secretary shall, in a book kept for that purpose, make and keep 
a record of all the proceedings at the meetings and of all trans- 
actions, doings, orders and regulations of the board of health. 
The secretary shall be also the executive officer of the board 
when a health officer is not appointed. R. S. c. 18, § 27. 

The municipal officers may appoint a health officer, who shall 
be a well educated physician, who shall be the sanitary adviser 
and executive officer of the board, and who shall hold office dur- 
ing the pleasure of the board. The municipal officers shall 
establish his salary or other compensation, and shall regulate and 
audit all fees and charges of persons employed by each board of 
health, in the execution of the health laws and of their regula- 
tions. R. S. c. 18, § 28 ; 97 Me. 95. 

The health officer, or where there is no health officer appointed, 
the secretary of each local board of health, at least once in each 
year, shall report to the state board of health their proceedings, 
and such other facts required, on blanks, and in accordance with 
instructions received from said board. He shall also make spe- 
cial reports whenever required to do so, by the state board of 
health. He shall, within one week following their meeting and 
election of officers, report to the secretary of the state board of 
health, the name and address of each member of the local board, 
of the chairman and secretary, and of the health officer when one 
is appointed. R. S. c. 18, § 29. 

Each local board of health constituted under section twenty- 
four shall : 



HEALTH. 589 

First. Hold regular quarterly meetings, and special meetings 
whenever considered necessary by its executive officer, also 
whenever requested by the state board of health, or by the presi- 
dent and secretary thereof. 

Second. Prescribe the powers and duties of the local health 
officer, when there is one, and direct him, from time to time in 
the performance of his duties. 

Third. Guard against the introduction of contagious and 
infectious diseases, by the exercise of proper and vigilant medi- 
cal inspection and control of all persons and things coming 
within the limits of its jurisdiction from infected places, or 
which for any cause, are liable to communicate contagion ; to 
give public notice of infected places, by displaying red flags or 
by posting placards on the entrances of the premises ; require 
the isolation of all persons and things that are infected with, or 
have been exposed to, contagious or infectious diseases, and pro- 
vide suitable places for the reception of the same ; and furnish 
medical treatment and care for persons, sick with such diseases 
who cannot otherwise be provided for ; prohibit and prevent all 
intercourse and communication with, or use of, infected premises, 
places and things, and require, and if necessary provide, the 
means for the thorough cleansing and disinfection of the same 
before general intercourse therewith, or use thereof, shall be 
allowed. And it shall report to the state board of health 
promptly, facts which relate to infectious and epidemic diseases, 
and every case of small-pox, varioloid, diphtheria and scarlet 
fever, typhoid fever, cerebro-spinal meningitis, measles, mem- 
branous croup, so called, whooping cough and pulmonary tuber- 
culosis or consumption as it is commonly termed, occurring 
within the limits of its jurisdiction, and such notification shall be 
in accordance with the requirements of the blanks furnished by 
the said state board. 

Fourth. Receive and examine into the nature of complaints 
made by any of the inhabitants, concerning nuisances dangerous 
to life and health within the limits of its jurisdiction ; enter upon 
or within any place or premises where nuisances or conditions 
dangerous to life and health are known or believed to exist, and 
personally, or by appointed agents, inspect and examine the 
same ; and all owners, agents and occupants, shall permit such 
sanitary examinations; and every such board of health shall 
order the suppression and removal of nuisances and conditions 
detrimental to life and health found to exist within the limits of 
its jurisdiction. 



590 HEALTH. 

Fifth. Make, alter and amend such orders and by-laws as 
they shall think necessary and proper for the preservation of life 
and health and the successful operation of the health laws of the 
state, subject to the approval of any justice of the supreme 
judicial court. Notice shall be given by the board of health of 
all by-laws made or amended by them, by publishing the same in 
some newspaper, if there is one published in such town ; if there 
is none, then in the nearest newspaper published in the county ; 
or by posting copies of said by-laws in six conspicuous and pub- 
lic places within the town ; and a record of such publication or 
•posting of said orders and by-laws in the office of the town clerk, 
shall be deemed legal notice to all persons. R. S. c. 18, § 30, as 
amended by P. L. 1909 c. 130. 

Where any local board of health is of opinion that the cleans- 
ing and disinfecting of any house, building, car, vessel or vehicle, 
or any part thereof, and of any article therein likely to contain 
infection, would tend to prevent or check infectious disease, such 
local board of health shall give notice in writing to the owner, 
agent or occupier of such house, building, car, vessel or vehicle, 
or part thereof, requiring him to cleanse and disinfect to the sat- 
isfaction of the health officer, or board of health, such house, 
building, car, vessel or vehicle, and said articles within a time 
specified in such notice. R. S. c. 18, § 31. 

If the person to whom notice is given, fails to comply there- 
with, he shall be liable to a penalty of not less than five, nor 
more than ten dollars, for every day during which he continues 
to make default ; and the local board of health shall cause such 
house, building, car, vessel or vehicle, or any part thereof, and 
articles, to be cleansed and disinfected at the expense of the 
town, and the town may recover the expenses so incurred from 
the owner, agent or occupier in default, by an action of special 
assumpsit. R. S. c. 18, § 32. 

Whenever any householder knows or has reason to believe that 
any person within his family or household has small-pox, diphthe- 
ria, scarlet fever, cholera, typhus or typhoid fever, cerebrospinal 
meningitis, measles, membranous croup, so called, or whooping 
cough, he shall within twenty-four hours give notice thereof to 
the health officer of the town in which he resides, and such 
notice shall be given either at the office of the health officer, or 
by a communication addressed to him and duly mailed within 
the time above specified, and in case there is no health officer, to 
the secretary of the local board of health, either at his office or 



HEALTH. 591 

by communication as aforesaid. R. S. c. 18, § 33, as amended 
by P. L. 1909 c. 33. 

No householder in whose dwelling there occurs any of the 
above mentioned diseases, shall permit any person suffering from 
any such disease, or any clothing or other property to be removed 
from his house, without the consent of the board, or of the health 
officer, and the said board or health officer, shall prescribe the 
conditions of removal. R. S. c. 18, § 34. 

No parent, guardian, or other person, shall carelessly carry 
about children or others affected with infectious diseases, or 
knowingly or willfully introduce infectious persons into other 
persons' houses, or permit such children under his care, to attend 
-anv school, theatre, church or any public place. R. S. c. 18, 
§ 35. 

Whenever any physician knows or has reason to believe that 
any person whom he is called upon to visit, is infected with any 
of the diseases mentioned in section thirty-three, such physician 
shall within twenty-four hours, give notice thereof to the secre- 
tary of the local board of health, or the health officer of the town 
in which such person lives. R. S. c. 18, § 36, as amended by 
P. L. 1909 c. 78. 

The secretary or health officer of each local board of health in 
the state, who shall have knowledge of any violation of the pro- 
visions of the preceding section occurring within the jurisdiction 
of such local board of health, shall forthwith give notice thereof 
in writing and of all facts within his knowledge in relation 
thereto, to the county attorney of the county in which such vio- 
lation has occurred and said county attorney shall thereupon 
examine into the case and take such action in the matter as the 
circumstances of the case require. R. S. c. 18, § 37. 

No person affected with small-pox, scarlet fever, diphtheria or 
cholera, and no person having access to any person affected with 
any of the said diseases, shall mingle with the general public 
until such sanitary precautions as may be prescribed by the 
local board shall have been complied with. R. S. c. 18, § 38. 

Persons recovering from small-pox, scarlet fever, diphtheria or 
cholera, and nurses who have been in attendance on any person 
suffering from any such disease, shall not leave the premises 
until they have received from the board of health or health 
officer, a certificate that they have taken such precautions as to 
their persons, clothing and all other things which they propose 
bringing from the premises as are necessary to insure the immu- 



592 HEALTH. 

nity from infection of other persons with whom they may come 
in contact, and no snch person shall expose himself in any public 
place, shop, street, inn or public conveyance without having first 
adopted such precautions. R. S. c. 18, § 39. 

Nurses and other attendants upon persons sick with small-pox, 
scarlet fever, diphtheria, or cholera, shall adopt for the disinfec- 
tion and disposal of excreta, and for the disinfection of utensils,, 
bedding, clothing and other things which have been exposed to 
infection, such measures as may be ordered in writing, by the 
local board of health. R. S. c. 18, § 40. 

No person shall give, lend, transmit, sell or expose any bed- 
ding, clothing, furniture or other article which has been used by 
persons affected with small-pox, scarlet fever, diphtheria, measles r 
cholera, plague or pulmonary tuberculosis or consumption, or 
from rooms which have been occupied by such persons, without 
first having said articles disinfected to the satisfaction of the 
local board of health. R. S. c. 18, § 41. 

Any local board of health may direct the destruction of any 
bedding, clothing, or other articles, which have been exposed to 
infection. R. S. c. 18, § 42. 

Whenever small-pox, diphtheria, scarlet fever or other conta- 
gious disease, shall appear in a town, the local board of health 
shall immediately notify the teachers of the public schools in the 
neighborhood, of the fact, and all teachers and school officers 
when thus notified, or when otherwise they shall know or have 
good reason to believe that any such disease exists in any house 
in the neighborhood, shall exclude from the schoolhouse, all 
children and other persons living in such infected houses or who 
have called or visited at such houses, until such time as the local 
board of health shall certify that such children or other persons 
may safely be readmitted. R. S. c. 18, § 43. 

When persons from houses or places which are infected with 
any of the diseases specified in the preceding section, have 
entered any schoolroom, or when, from any other cause, the 
schoolroom has probably became infected, the teacher shall dis- 
miss the school, and notify the school officers and local board of 
health, and no school shall be again held in such schoolroom 
until the room has been disinfected to the satisfaction of the 
local board of health, and the school officers and board of health 
shall cause the room to be disinfected as soon as possible. R. S- 
c. 18, § 44. 

The board, when satisfied upon due examination, that a cellar, 



HEALTH. 593 

room, tenement or building in its town, occupied as a dwelling 
place, has become, by reason of want of cleanliness, or other 
cause, unfit for such purpose, and a cause of sickness to the 
occupants, or the public, may issue a notice in writing to such 
occupants, or to the owner or his agent, or any of them, requir- 
ing the premises to be put into a proper condition as to cleanli- 
ness, or, if they see fit, requiring the occupants to quit the 
premises within such time as the board may deem reasonable. 
If the persons so notified, or any of them, neglect or refuse to 
comply with the terms of the notice, the board may cause the 
premises to be properly cleansed at the expense of the owner, or 
may close up the premises, and the same shall not be again 
occupied as a dwelling-place, until put in a proper sanitary con- 
dition. If the owner thereafter occupies or knowingly permits 
the same to be occupied, without putting the same in a proper 
sanitary condition, he shall forfeit not less than ten, nor more 
than fifty dollars. R. S. c. 18, § 45. 

No person having small-pox, diphtheria, scarlet fever, cholera, 
or other disease dangerous to public health, shall enter, nor shall 
any person allow any one under his charge who has any such 
disease, to enter any conveyance without having previously 
notified the owner or person in charge of such conveyance, of 
the fact of his having such disease. R. S. c. 18, § 46. 

The owner or person in charge of any such conveyance shall 
not, after the entry of any person so infected into his convey- 
ance, allow any other person to enter it, without having suffi- 
ciently disinfected it under the direction of the local board of 
health, or the supervision of the health officer. R. S. c. 18, § 47. 

No person shall let or hire any house or room in a house in 
which small-pox, diphtheria, scarlet fever, cholera, pulmonary 
tuberculosis or consumption or typhoid fever has existed, with- 
out having caused the house and the premises used in connection 
therewith, to be disinfected to the satisfaction of the local board 
of health. R, S. c. 18, § 48. 

Any member of a local board of health, or any health officer 
or other person employed by the local board of health may, 
when obstructed in the performance of his duty, call to his 
assistance, any constable or other person he thinks fit, and every 
such constable or person so called upon shall render assistance. 
R. S. c. 18, § 49. 

Whoever willfully violates any provision of the seventeen pre- 
ceding sections, or of said regulations and by-laws or neglects or 
38 



594 HEALTH. 

refuses to obey any order or direction of any local board of 
health or health officer authorized by said provisions the penalty 
for which is not herein specifically provided, or willfully inter- 
feres with any person or thing, to prevent the execution of the 
provisions of said sections or of said regulations and by-laws, 
shall be punished by a fine of not more than fifty dollars ; judges 
of municipal and police courts and trial justices, shall have juris- 
diction original and concurrent with the supreme judicial and 
superior courts, of all offenses under said sections. R. S. c. 18, 
§50. 

No body of a deceased person whose death was caused by 
cholera, yellow fever, diphtheria, scarlet fever, typhus fever, 
typhoid fever, small-pox or other pestilential disease, shall be 
removed from place to place in this state by any railroad, steam- 
boat or other common carrier, unless there shall be attached to 
the outer case in which said body is enclosed, a certificate from 
the board of health where such person died, stating the disease 
causing such death, and that necessary precautions against infec- 
tion satisfactory to said board have been observed. A certificate 
of death giving heart failure as the only cause of death shall not 
be deemed sufficient upon which to issue a burial permit, and 
such certificate must be returned to the physician who made it 
for the proper correction and definition. If the body of a 
deceased person is brought into this state from without for 
burial, and if it is accompanied by a permit issued by the legally 
constituted authorities of the state from which it was brought, 
such permit shall be received as sufficient authority upon which 
the clerk of the town in which said body is to be buried shall 
issue a permit for burial; but if it is not accompanied by such 
permit, then the person or persons in charge of it shall apply for 
a burial permit to the clerk of the town in which it is to be 
buried, and the clerk of the town shall issue such permit when 
furnished with satisfactory information. R. S. c. 61, § 24. 

The board of health of each city, village, town and plantation, 
shall annually, on the first day of March, or oftener if they may 
deem it prudent, provide for the free vaccination with the cow- 
pox, of all the inhabitants over two years of age within their 
respective localities, to be done under the care of skilled practic- 
ing physicians, and under such circumstances and restrictions as 
said authorities adopt therefor. R. S. c. 18, § 82. 

To provide for the control of diphtheria and other contagious 
diseases, local boards of health shall furnish antitoxin free to all 



HEALTH. 595 

indigent persons suffering from snch diseases, in such manner as 
the state board of health may direct. P. L. 1909 c. 55, § 1. 

The state board of health is instructed and directed to make 
contracts with reputable manufacturers for the sale of antitoxin 
to the local boards of health in such manner as is deemed best 
and most economical for the several towns, and said state board 
may arrange several towns and plantations into groups for the 
purchase of antitoxin when it appears that such arrangement 
would be the best, most convenient and most economical for 
them. P. L. 1909 c. 55, § 2. 

The antitoxin shall be kept by the secretary or chairman of 
the local board, and shall be furnished physicians upon applica- 
tion on blanks provided and furnished by the state board. P. L. 
1909 c. 55, § 3. 

The local board shall provide a repository for antitoxin which 
may be furnished to any physician at the same rates as furnished 
by the state board of health and to their patients on prescrip- 
tions. The local board of health in any town furnishing an indi- 
gent residing in another town antitoxin upon application, as above 
provided, shall be reimbursed by the town where the patient 
resides. The state shall reimburse cities or towns furnishing 
antitoxin to any person having no legal residence in any city or 
town within the state. P. L. 1909 c. 55, § 4. 

Whenever any person or family is placed in quarantine by a 
board of health, to protect the public against small-pox, scarlet 
fever, diphtheria, or any other dangerous or contagious disease, it 
shall be the duty of said board to assist such person or family, if 
indigent or in a needy condition while in quarantine, in such a 
manner as in the judgment of the board may be deemed wise and 
necessary. P. L. 1909 c. 25, § 1. 

All expenses including all supplies of food and medicine 
including antitoxin incurred in carrying out the provisions of 
section one of this act, or incurred in furnishing families or per- 
sons affected with tuberculosis with burnable spit-cups, or other 
supplies needed to prevent the spread of infection, or such part 
thereof as the board may determine, shall be deemed a legitimate 
expenditure for the protection of the public health and shall be 
charged to the account of incidental expenses of the town, but 
not to any pauper account, nor shall any person so quarantined 
and assisted be considered a pauper or be subject to disfranchise- 
ment for that cause unless such persons are already paupers as 
defined by the revised statutes. P. L. 1909 c. 25, § 2. 



Oyb HEALTH. 

(Note : For duty of local board of health in case of notifica- 
tion or suspicion of glanders or contagious disease in domestic 
animals, see section two, on page 582. 

No owner, agent or superintendent of any paper mill where 
domestic or foreign rags are used in the manufacturing of paper 
shall hire or admit any person to work in or about said mill who 
has not been successfully vaccinated or re-vaccinated within two 
years, or to the satisfaction of the local board of health. R. S. 
c. 18, § 83. 

No person shall work in or about any paper mill where rags 
are used, who has not been successfully vaccinated or re-vacci- 
nated within two years, or to the satisfaction of the local board 

of health. R. S. c. 18, § 84. 

The owner, agent and superintendent in every paper mill 
where rags are used shall every year, in the months of February 
and September, make out and deliver to the local board of health, 
a list containing the names, ages, kind of work, and places of 
residence of all persons employed in or about said mill. R. S. 
c. 18, § 85. 

In the months of March and October, annually, each and 
every person who is employed in a paper mill, shall be examined 
by the local board of health as to whether he or she is success- 
fully and sufficiently protected by vaccination, and the local 
board of health shall in all cases be the judges of the sufficiency 
of the protection by vaccination. R. S. c. 18, § 86. 

Whoever violates any provision of the four preceding sections 
shall be punished bv a fine of not more than fifty dollars. R. S. 

c. 18, § 87. 

The local boards of health within their respective jurisdictions, 
and the state board of health, shall enforce sections eighty-three 
to eighty-seven each inclusive as far as comes within their power, 
and when said state board of health knows or has reason to 
believe that any penalty or forfeiture has been incurred by 
reason of neglect to comply with said sections, it shall give 
notice thereof, in writing, to the county attorney of the county 
in which said penalty or forfeiture has occurred, and upon 
receipt of such notice the county attorney shall prosecute the 
defaulting person or persons. R. S. c. 18, § 88. 

If one or both eyes of an infant become reddened or inflamed 
at any time within four weeks after birth, the midwife, nurse or 



HEALTH. 597 

person having charge of said infant shall report the condition of 
the eyes at once to some legally qualified practitioner of medi- 
cine of the city, town or district in which the parents of the 
infant reside. Any failure to comply with the provision of this 
section shall be punishable by a fine not to exceed one hundred 
dollars, or imprisonment not to exceed six months. R. S. c. 18, 
§90. 

The more effectually to protect the public health the state 
board of health may establish such systems of inspection as in its 
judgment may be necessary to ascertain the actual or threatened 
presence of the infection of Asiatic cholera, small-pox, diphtheria, 
scarlet fever, plague or typhus fever ; and any duly authorized 
agent or inspector of said board may enter any building, vessel, 
railway car or other public vehicle, to inspect the same and to 
remove therefrom any person affected by said diseases ; and for 
this purpose he may require the person in charge of any vessel 
or public vehicle other than a railway car to stop such vessel or 
vehicle at any place, and he may require the conductor of any 
railway train to stop his train at any station or upon any side 
track, and there detain it for a reasonable time; provided, that 
no conductor shall be required to stop his train when telegraphic 
communication with the dispatcher's office cannot be obtained or 
at such times or under such circumstances as may endanger the 
safety of the train and passengers : and provided further, that 
any such agent or inspector may cause any car which he may 
think may be infected with any of said diseases to be side tracked 
at any suitable place and there be cleansed, fumigated and disin- 
fected. And the said board of health may from time to time 
make, alter, modify or revoke rules and regulations for guarding 
against the introduction of any infectious or contagious diseases 
into the state, including rabies, or hydrophobia of animals and 
man ; for the control and suppression thereof if within the state ; 
for the quarantine and disinfection of persons, localities, and 
things infected or suspected of being infected by such diseases ; 
for the transportation of dead bodies when death results from 
any infectious or contagious disease ; for the speedy and private 
interment of the bodies of persons who have died from said 
diseases ; and, in emergency, for providing those sick with said 
diseases with necessary medical aid and with temporary hospitals 
for their accommodation and for the accommodation of their 
nurses and attendants. And the said board may declare any and 
all of its rules and regulations made in accordance with the pro- 
visions of this section to be in force within the whole state, or 



598 HEALTH. 

within any specified part thereof, and to apply to any person or 
persons, family, camp, building, vessel, railway car, or public 
vehicle of any kind. R. S. c. 18, § 8, as amended by P. L. 1909 
c. 48. 

Any rules and regulations adopted by the state board of health 
in the premises shall be immediately submitted by it to the gov- 
ernor and council and unless approved in writing b} T the governor 
and council within thirty days after such submission, such rules 
and regulations shall thereafter become ineffective. Should the 
governor and council disapprove any rules and regulations so 
submitted to them within the thirty days and so notify the sec- 
retary of the board of health in writing, the rules and regula- 
tions, so disapproved shall upon such notification immediately 
become ineffective and void. Such rules and regulations, if of 
general application, shall be published in the state paper ; but 
whenever in the judgment of the board it shall be necessary to 
do so, special rules and regulations, or orders relating to said 
diseases may be made for any town, village or city without such 
publication, and the service of copies of such rules, regulations 
or orders upon such town, village or city through the officers 
thereof shall be a sufficient notice thereto ; and the rules, regula- 
tions or orders of the state board of health made in accordance 
with the provisions of this section, shall, for the time being and 
until the same are revoked, supersede all local rules, regulations, 
by-laws or ordinances that may be inconsistent or in conflict 
therewith. R. S. c. 18, § 9. 

All health officers, local boards of health, municipal officers, 
sheriffs, constables, police officers, and marshals shall enforce the 
rules and regulations of the state board of health made as pro- 
vided in preceding sections in every particular affecting their 
respective localities and duties ; and any person who shall neg- 
lect or refuse to obey the said rules and regulations, or who 
shall willfully obstruct or hinder the execution thereof, shall be 
punished by a fine of not more than five hundred dollars, or by 
imprisonment in the county jail for a period of not more than six 
months, or by both fine and imprisonment. And all authorities 
of every county, city, town and village corporation, all local 
boards of health, and of all officers and persons in charge of the 
institution, buildings and vehicles mentioned in section eight 
shall cooperate with the state board of health in carrying out 
the provisions of this section and the two preceding sections ; 
and in case such cooperation be refused, withheld or neglected, 
the said board may execute its orders and directions by agents 



HEALTH. 599 

of its own appointment ; and all expenses incurred by members 
of the state board of health or by duly appointed agents of said 
board under the provisions of this section shall be paid by the 
state, the bills first being approved by the governor and council. 
R. S. c. 18, § 10. 

For the purpose of facilitating and encouraging the live stock 
interests of the state and for extirpating all insidious, infectious 
and contagious disease among cattle, horses and sheep, and espe- 
cially tuberculosis, the governor shall appoint a board of cattle 
commissioners consisting of three persons of known executive 
ability, who shall be charged with the execution of the pro- 
visions of the ten following sections, shall be known and desig- 
nated as the State of Maine Cattle Commission, and shall hold 
office during the pleasure of the governor. The compensation 
of said commissioners shall be at the rate of five dollars per day 
during the time they are actually engaged in the discharge of 
their duties as commissioners and actual traveling expenses. 
The said commissioners shall elect one of their number as presi- 
dent. R. S. c. 19, § 1, as amended by P. L. 1905 c. 65. 

The said commissioners shall cause investigation to be made 
as to the existence of tuberculosis, pleuro-pneumonia, foot and 
mouth disease, and any other infectious or contagious diseases. 
They or their duly constituted agent may enter any premises or 
places, including stock yards, cars and vessels, within any county 
or part of the state in or at which they have reason to believe 
there exists any such diseases, and make search, investigation 
and inquiry, in regard to the existence thereof. Upon the dis- 
covery of the existence of any of the said diseases, the said com- 
missioners may give notice, by publication, of the existence of 
such disease, and the locality thereof, in such newspapers as they 
may select, and may notify in writing, the officials or agents of 
any railroad, steamboat, or any other transportation company, 
doing business in or through such infected locality, of the exist- 
ence of such disease ; and they shall establish and maintain such 
quarantine of animals, places, premises or localities, as they may 
deem necessary to prevent the spread of any such disease, shall 
cause the appraisal of the animal or animals affected with the 
said disease, in accordance with such rules and regulations by 
them adopted as hereinafter authorized and provided, shall cause 
the same to be destroyed, and shall pay the owner or owners 
thereof one-half of their value, as determined upon the basis of 
health before infection, out of any moneys appropriated by the 
legislature for that purpose ; provided, however, that no appraised 



600 HEALTH. 

value shall be more than one hundred dollars for an animal with 
pedigree recorded or recordable in the recognized herd books of 
the breed in which the animal destroyed may belong, nor more 
than fifty dollars for an animal which has no recordable pedi- 
gree ; provided, further, that in no case shall compensation be 
allowed for an animal destroyed under the provisions of this sec- 
tion, which may have contracted or been exposed to such dis- 
ease in a foreign country, or on the high seas, or that may have 
been brought into this state within three years previous to such 
animal's showing evidence of such disease ; and the owner or 
owners shall furnish satisfactory evidence as to the time such 
animal or animals shall have been owned in the state ; nor shall 
compensation be allowed to any owner who in person, or by 
agent, knowingly and willfully conceals the existence of such 
disease, or the fact of exposure thereto in animals of which the 
person making such concealment by himself or agent, is in whole 
or part owner. R. S. c. 19, § 2. 

The said commissioners shall make, record and publish rules 
and regulations providing for and regulating the agencies, meth- 
ods and manner of conducting, and the investigations afore- 
said, regarding the existence of said contagious diseases ; for 
ascertaining, entering and searching places where such diseased 
animals are supposed to exist; for ascertaining what animals are 
so diseased, or have been exposed to contagious diseases; for 
making, reporting and recording descriptions of the said animals 
so diseased or exposed and destroyed, and for appraising the 
same, and for making payment therefor ; and to make all other 
needful rules and regulations which may, in the judgment of the 
commissioners be deemed requisite to the full and due execution 
of the provisions of sections one to eleven each inclusive. All 
such rules and regulations, before they shall become operative, 
shall be approved by the governor, and thereafter published in 
such manner as may be provided for in such regulations ; and 
after such publication such rules and regulations shall have the 
force and effect of law, so far as the same are not inconsistent 
with the laws of the state or United States. R. S. c. 19, § 3. 

Whoever knowingly and willfully refuses permission to said 
commissioners, or either of them or their duly constituted agent 
to make, or who knowingly and willfully obstructs said commis- 
sioners, or either of them, or their duly constituted agent in mak- 
ing all necessary examinations of, and as to animals supposed by 
said commissioners to be diseased as aforesaid, or in destroying 
the same, or knowingly attempts to prevent said commissioners, 



HEALTH. 601 

or either of them, or their duly constituted agent from entering 
upon the premises and other places hereinbefore specified where 
any of said diseases are by said commissioners supposed to exist, 
shall be punished by fine not exceeding one hundred dollars, or 
by imprisonment not exceeding ninety days, or by both fine and 
imprisonment. R. S. c. 19, § 4. 

Any person who is the owner of, or who is possessed of any 
interest in any animals affected with any of the diseases named 
in section two, or any person who is agent, common carrier, con- 
signee, or otherwise is charged with any duty in regard to any 
animal so diseased, or exposed to the contagion of such disease, 
or any officer or agent charged with any duties under the pro- 
visions of sections one to eleven each inclusive, who shall know- 
ingly conceal the existence of such contagious disease, or the fact 
of such exposure to such contagion, and who shall knowingly and 
willfully fail, within a reasonable time, to report to the said com- 
missioners his knowledge or information in regard to the exist- 
ence and location of said disease, or of such exposure thereto, 
shall be punishable as provided in section four. K. S. c. 19, § 5. 

When the owner of animals adjudged under the provisions 
hereof, by the proper authority, to be diseased, or to have been 
exposed to contagion, refuses to accept the sum authorized to be 
paid under the appraisement provided for in section two, the 
commissioners shall declare and maintain a rigid quarantine as to 
the animals adjudged, as aforesaid, to be diseased or to have been 
exposed to any contagious or infectious disease, and of the prem- 
ises or places where said cattle may be found, according to the 
rules and regulations prescribed by said commissioners, approved 
by the governor, and published, as provided in section three. 
R. S. c. 19, § 6. 

No person or persons owning or operating any railroad, nor the 
owner or owners, or masters, of any steam, sailing, or other ves- 
sels, within the state, shall receive for transportation, or transport 
from one part of the state to another part of the state, or bring 
from any other state or foreign country any animals affected with 
any of the diseases named in section two, or that have been 
exposed to such diseases, especially the disease known as tuber- 
culosis, knowing such animals to be affected, or to have been so 
exposed; nor shall any person or persons, company or corpora- 
tion, deliver for such transportation to any railroad company, or 
to the master or owner of any vessel, any animals, knowing them 
to be affected with, or to have been exposed to, any of said dis- 



602 HEALTH. 

eases ; nor shall any person or persons, company or corporation, 
drive on foot, or transport in private conveyance, from one part 
of the state to another part of the state, any animal, knowing the 
same to be affected with, or to have been exposed to, an}- of said 
diseases. Whoever violates the provisions of this section shall 
be punished by fine not exceeding two hundred dollars, or by 
imprisonment not exceeding six months, or by both fine and 
imprisonment. R. S. c. 19, § 7. 

The several county attorneys shall prosecute all violations of 
the four preceding sections, which shall be brought to their notice 
or knowledge by any person making the complaint under oath ; 
and the same shall be heard in the supreme judicial court in the 
county in which such violation has been committed. R. S. c. 19, 

§ 8 - 

The said commissioners may appoint or elect one of their num- 
ber as secretary of said board, who shall receive a reasonable com- 
pensation for his services during the time in which, under the 
provisions hereof, the services of the said commissioners shall be 
required. They shall make and preserve a full record of all rules 
and regulations promulgated under the provisions of section three, 
of all payments and expenses hereunder incurred, and all other 
transactions performed by them in the discharge of their duties as- 
herein provided ; and they shall, on or before the first Wednesday 
in January of each year, during their continuance in servic e, and 
at other times as they may deem conducive to the public inter- 
ests, or as they may be required by the governor, report to said 
governor full and accurate accounts of their expenditures, and 
other proceedings under the provisions of this chapter, and of the 
condition of said diseases, if any, in the state, to be communicated 
by him to the legislature. Whenever the functions of said com- 
mission shall be suspended or terminated, it shall turn OA^er to 
the secretary of state all its books, papers and other effects, tak- 
ing his receipt therefor, and he shall remain the custodian of the 
same until such time as the functions of said commission may be 
restored. R. S. c. 19, § 9. 

The commissioners may employ skilled veterinarians, and suck 
other agents and employes as they may deem necessary to carry 
into effect the provisions of the nine preceding sections, and may 
fix the compensation of the person or persons so employed, and 
may terminate such employment at their discretion ; and they 
may out of the moneys appropriated for carrying into effect said 
sections make such expenditures as may be needed for the actual 



HEALTH. 603 

and necessary traveling expenses of themselves and their said 
employes, stationery, expenses of disinfecting premises, cars and 
other places, destroying diseased and exposed animals, and pay- 
ing for the same, and such other expenses and expenditures as 
they may find to be actually necessary to properly carry into 
effect the provisions of said sections. R. S. c. 19, § 10. 

The moneys so appropriated shall be paid over to the secretary 
of said commission, from time to time, as the same may be found 
to be needed, upon requisition made by the said commissioners 
and shall be disbursed by the said secretary of said commission 
only upon vouchers approved by said commission or a majority of 
them. The said secretary shall before entering upon the duties 
of Iris office, take an oath to faithfully discharge the duties 
thereof, and shall enter into a bond to the state, with sureties to 
be approved by the treasurer of state, in such sum as he may 
designate, for the faithful accounting of all moneys received by 
the said secretary of the commission, under the provisions hereof. 
R. S. c. 19, § 11. 

The state cattle commissioners and all other persons having in 
charge the killing of any diseased cattle, sheep or any other dis- 
eased domestic animals, as soon as such animal is killed, shall 
inject, or cause to be injected into the carotid artery of each ani- 
mal so killed, kerosene oil in sufficient quantity to thoroughly 
penetrate and permeate the entire fleshy part of the carcass of 
each such animal killed as aforesaid. R. S. c. 19, § 12. 

Every carcass treated as provided in the preceding section, 
shall within twenty-four hours thereafter be buried to a depth 
of at least four feet, or within forty-eight hours thereafter be 
reduced by the process of manufacturing the same for fertilizers. 
R. S. c. 19, § 13. 

Whoever violates any provision of the two preceding sections 
shall be fined not exceeding one hundred dollars for each offense 
or imprisoned for a period not exceeding ninety davs. R. S. c. 
19, § 14. 

The owner or other person having charge of any animal, or 
meat or milk of any animal affected with tuberculosis or other 
contagious or infectious disease, who, knowing that the animal 
is thus affected, shall hold the animal, or its meat or milk, for 
human food, shall be punished by a fine of not less than five, nor 
more than fifty dollars. R. S. c. 129, § 2. 



604 TCTVYN HOSPITALS. 



CHAPTER LXV. 



TOWN HOSPITALS. 

A town may establish therein one or more hospitals for the 
reception of persons having the small-pox or other disease 
dangerous to the public health ; or its local board of health may 
license any building therein as a hospital, which shall be under 
the control of said board ; but no such hospital shall be within 
one hundred rods of an inhabited dwelling-house in an adjoining 
town without the consent of its local board of health. R. S. c. 
18, § 75. 

Whoever inoculates himself or any other person, or suffers 
himself to be inoculated with the small-pox, unless at some law- 
ful hospital, forfeits not exceeding one hundred dollars for each 
offense. R. S. c. 18, § 76. 

When a hospital is so established or licensed, the physicians, 
the persons inoculated or sick therein, the nurses, attendants, 
and all who come within its limits, and all furniture or other 
articles used or bought there, shall be subject to the regulations 
made by the local board of health. R. S. c. 18, § 77. 

When small-pox or other disease dangerous to the public 
health breaks out in a town, the local board of health shall 
immediately provide such hospital or place of reception for the 
sick and infected, as they judge best for the accommodation and 
safety of the inhabitants ; such hospitals and places are subject 
to their regulations the same as established hospitals : and they 
shall cause such sick and infected to be removed thereto, unless 
their condition will not permit it without imminent danger ; in 
which case, the house or place where the sick are, shall be 
deemed a hospital for every purpose aforesaid ; and all persons 
residing in, or in any way concerned with it, are subject to hos- 
pital regulations. R. S. c. 18, § 78. 

When any disease dangerous to the public health exists in a 
town, the municipal officers shall use all possible care to prevent 
its spread and shall give public notice of infected places to 



TOWN HOSPITALS. 605 

travelers, by displaying red flags at proper distances, and by all 
other means most effectual, in their judgment, for the common 
safety. R, S. c. 18, § 79. 

If any physician or other person in such hospitals or places of 
reception, attending, approaching, or concerned therewith, vio- 
lates any lawful regulation in relation thereto, with respect to 
himself or his or another's property, he forfeits not less than ten, 
nor more than one hundred dollars, for each offense. R. S. c. 
18, § 80. 

All forfeitures inure to the town where the offense is com- 
mitted. R, S. c. 18, § 81. 



CHAPTER LXVL 



NUISANCES. 

All places used as houses of ill fame, or for the illegal sale or 
keeping of intoxicating liquors, or resorted to for lewdness or 
gambling; all houses, shops or places where intoxicating liquors 
are sold for tippling purposes, and all places of resort where 
intoxicating liquors are kept, sold, given away, drank or dis- 
pensed in any manner not provided for by law, are common 
nuisances. The supreme judicial court shall have jurisdiction 
in equity, upon information filed by the county attorney or upon 
petition of not less than twenty legal voters of such town or city, 
setting forth any of the facts contained herein, to restrain, enjoin 
or abate the same, and an injunction for such purpose may be 
issued by said court or any justice thereof. R. S. c. 22, § 1. 

Whoever keeps or maintains such nuisance, shall be fined not 
less than one hundred dollars and not exceeding one thousand 
dollars, and imprisonment in jail not less than thirty days and 
not more than one year, and in default of payment of said fine 
an additional imprisonment of thirty days in jail. R. S. c. 22, § 2. 

If any tenant or occupant, under any lawful title, of any 
building or tenement not owned by him, uses it or any part 
thereof for any purpose named in section one, he forfeits his 
right thereto, and the owner thereof may make immediate entry, 



606 NUISANCES. 

without process of law, or may avail himself of the remedy pro- 
vided in chapter ninety-six. R. S. c. 22, § 3. 

Whoever knowingly lets any building or tenement owned by 
him, or under his control, for any purpose named in section one, 
or knowingly permits the same or part thereof to be so used, is 
guilty of aiding in the maintenance of a nuisance, and shall be 
fined not less than one hundred, nor more than one thousand 
dollars, or imprisoned not less than thirty days nor more than 
six months. R. S. c. 22, § 4. 

The erection, continuance or use of any building or place for 
the exercise of a trade, employment or manufacture, which, 
by noxious exhalations, offensive smells or other annoyances, 
becomes injurious and dangerous to the health, comfort or prop- 
erty of individuals or of the public ; causing or suffering any 
offal, filth or noisome substance to collect, or to remain in any 
place to the prejudice of others ; obstructing or impeding, with- 
out legal authority, the passage of any navigable river, harbor or 
collection of water; corrupting or rendering unwholesome or 
impure, the water of a river, stream or pond ; unlawfully divert- 
ing it from its natural course or state, to the injury or prejudice 
of others ; and the obstructing or encumbering by fences, build- 
ings or otherwise, of highways, private ways, streets, alleys, 
commons, common landing places or burying grounds, are nui- 
sances within the limitations and exceptions hereafter men- 
tioned. R. S. c. 22, § 5. 

Any fence or other structure in the nature of a fence, unnec- 
essarily exceeding six feet in height, maliciously kept and main- 
tained for the purpose of annoying the owners or occupants of 
adjoining property, shall be deemed a private nuisance. R. S. 
c. 22, § 6. 

The municipal officers of a town, when they judge it neces- 
sary, may assign places therein for the exercise of any trades, 
employments or manufactures aforesaid, and may forbid their 
exercise in other places, under penalty of being deemed public 
or common nuisances and the liability to be dealt with as such. 
All such assignments shall be entered in the records of the town, 
and may be revoked when said officers judge proper. R. S. 
c. 22, § 7. 

When a place or building so assigned becomes a nuisance, 
offensive to the neighborhood, or injurious to the public health, 
any person may complain thereof to the supreme judicial court, 
and if after notice to the party complained of, the truth of the 



NUISANCES. 607 

complaint is admitted by default, or made to appear to a jury on 
trial, the court may revoke such assignment, and prohibit the 
further use of such place or building for such purposes, under a 
penalty not exceeding one hundred dollars for each month's con- 
tinuance after such prohibition, to the use of said town ; and 
may order it to be abated, and issue a warrant therefor, or stay 
it as hereafter provided ; but if the jury acquit the defendant, he 
shall recover costs of the complainant. R. S. c. 22, § 8. 

If any person manufactures gunpowder, or mixes or grinds 
the composition therefor, in any building within eighty rods of 
any valuable building not owned by such person or his lessor, 
which was erected when such business was commenced, the 
former building shall be deemed a public nuisance; and such 
person may be prosecuted accordingly. R. S. c. 22, § 9. 

A town, at its annual meeting, may prohibit the burning of 
bricks, or the erecting of brick-kilns within such parts thereof as 
they deem for the safety of the citizens or their property. And 
if any person, by himself or others, violates such prohibition, the 
municipal officers shall cause said bricks or brick-kiln to be forth- 
with removed, at the expense of the owner thereof; and the 
offender forfeits not exceeding two hundred dollars to the town ; 
and if said bricks or brick-kiln are not removed before convic- 
tion, the court may issue a warrant for the removal thereof, or 
stay it as hereinafter provided. R. S. c. 22, § 10. 

The erection and maintenance of water mills and dams to 
raise water for working them upon or across streams not navi- 
gable as provided in chapter ninety-four, shall not be deemed a 
nuisance unless they become offensive to the neighborhood, or 
injurious to the public health, or unless they occasion injuries or 
annoyances of a kind not authorized by said chapter. Fences 
and buildings fronting on public ways, commons or lands appro- 
priated to public use, shall not be deemed nuisances when erected 
for the times and in the manner provided in section ninety of 
chapter twenty-three, unless the owner of the same shall be 
estopped as therein provided from justifying his occupation 
within the limits of said way. R. S. c. 22, § 11. 

Whoever erects, causes or continues a public or common nui- 
sance, as herein described or at common law, where no other 
punishment is specially provided, may be lined not exceeding 
one hundred dollars : and the court with or without such fine 
may order such nuisance to be discontinued or abated, and issue 
.a warrant therefor as hereinafter provided. R. S. c. 22, § 12. 



608 NUISANCES. 

Any person injured in his comfort, property or the enjoyment 
of his estate by a common and public, or a private nuisance, may 
maintain against the offender an action on the case for his dam- 
ages, unless otherwise specially provided. R. S. c. 22, § 13. 

When, on indictment, complaint or action, any person is 
adjudged guilty of a nuisance, the court, in addition to the fine 
imposed, if any, or to the judgment for damages and costs, for 
which a separate execution shall issue, may order the nuisance 
abated or removed at the expense of the defendant ; and after 
inquiring into and estimating, as nearly as may be, the sum 
necessary to defray the expense thereof, the court may issue a 
warrant therefor substantially in the form following : 

State of Maine. 



To the sheriff of our county of , or either of his deputies, 

GREETING. 

Whereas, by the consideration of our honorable court, at a term 

begun and held at , within and for said county, upon indictment [or 

complaint or action in favor of A. B., as the case may be], C. D. of , etc.,. 

was adjudged guilty of erecting [causing, or continuing] a certain nuisance, 

being a building in , in said county [or fence, or other thing, describing- 

particularly the nuisance and the place], which nuisance was ordered by said 
court to be abated and removed: We therefore command you forthwith to 
cause said nuisance to be abated and removed; also that you levy of the- 
materials by you so removed, and of the goods, chattels and lands of said 
C. D., a sum sufficient to defray the expense of removing and abating the 

same, not to exceed dollars, [the sum estimated by the court,] together 

with your lawful fees, and thirty-three cents more for this writ. And, for 
want of such goods and estate to satisfy said sums, we command you to 

take the body of said C. D., and him commit unto our jail in , in said 

county, and there detain until he pays such sums or is legally discharged. 
And make return of this warrant, with your doings thereon, within thirty 
days. 

Witness, A. B., Esq., at , this day of , in the year of our 

Lord 19—. 

J. S., Clerk. 

And when the conviction is upon an action before a trial jus- 
tice, and no appeal is made, the justice, after estimating the sum 
necessary to defray the expense of removing or abating the nui- 
sance, may issue a like warrant, making corresponding alterations 
in its form. R. S. c. 22, § 14. 

Instead of issuing such warrant, the court or trial justice may 
order it to be stayed on motion of the defendant, and on his enter- 



NUISANCES. 609 

ing into recognizance in such sum and with such surety as the 
court or justice directs, in case of an indictment, to the state, or 
in case of a complaint or action, to the plaintiff, conditioned that 
the defendant will either discontinue said nuisance, or that within 
a time limited by the court and not exceeding six months, he will 
cause it to be abated and removed, as may be directed by the 
court ; and on failing to perform such condition, the recognizance 
shall be deemed forfeited, and the court, or any justice thereof, 
in term time or in vacation, or said trial justice on being satisfied 
of such default, may forthwith issue the warrant and scire facias 
on the recognizance. R. S. c. 22, § 15. 

The expense of abating a nuisance by virtue of a warrant shall 
be collected by the officer as damages and costs are collected on 
execution ; except that the materials of buildings, fences or other 
things removed as a nuisance, may be first levied upon and sold 
by the officer, and the proceeds, if any remain after paying the 
expense of removal, shall be paid by him, on demand, to the 
defendant or the owner of such property ; and if said proceeds 
are not sufficient to satisfy the expenses, the officer shall collect 
the residue as aforesaid. A person committed to jail on such 
warrant, may avail himself of the poor debtor's oath, as if he had 
been committed on execution. If said expense cannot be col- 
lected of the defendant, it shall be paid as costs in criminal pros- 
ecutions. R. S. c. 22, § 16. 

Any court of record, before which an indictment, complaint, or 
action for a nuisance is pending, may, in any county, issue an 
injunction to stay or prevent such nuisance, and make such orders 
and decrees for enforcing or dissolving it, as justice and equity 
require. R. S. c. 22, § 17. 

No stationary, gasoline or steam engine shall be erected in a 
town until the municipal officers have granted license therefor, 
designating the place where the buildings therefor shall be erected, 
the materials and mode of construction, the size of the boiler and 
furnace, and such provision as to height of chimney or flues, and 
protection against fire and explosion, as they judge proper for the 
safety of the neighborhood. Such license shall be granted on 
written application, recorded in the town records, and a certified 
copy of it furnished, without charge, to the applicant. R. S. c. 
22, § 18. 

When application is made for such license, said officers shall 
assign a time and place for its consideration, and give at least 

39 



610 NUISANCES. 

fourteen days' public notice thereof, in such manner as they think 
proper, at the expense of the applicant. Any person aggrieved 
by the decision of the selectmen of towns, in granting or refus- 
ing such license, may appeal therefrom to the next term of the 
supreme judicial court held in said county, which court may 
appoint a committee of three disinterested persons, as is provided 
in relation to appeals from location of highways. Said commit- 
tee shall be sworn and give fourteen days' notice of the time and 
place of their hearing to the parties interested, view the premises, 
hear the parties, and affirm, reverse or annul the decision of said 
selectmen, and their decision shall be final. Pending such appeal 
from granting such license, the supreme judicial court in equity 
may enjoin the erection of such building and engine. R. S. c. 
22, § 19. 

Any such engine erected without a license shall be deemed a 
common nuisance without other proof than its use. R. S. c. 22, 
§20. 

Said officers have the same authority to abate and remove an 
engine, erected without license, as is given to the local board of 
health or health officer in chapter eighteen. R. S. c. 22, § 21. 

No person or corporation shall manufacture, sell, use or cause 
to be used, except as hereinafter provided, any steam boiler in 
the state unless it is provided with a fusible safety plug, made of 
lead for boilers carrying steam pressure above fifty pounds per 
square inch, and of tin for boilers carrying steam pressure of fifty 
pounds and less per square inch, and said safety plug shall be 
not less than one-half inch in diameter, and shall be placed in the 
roof of the fire box when a fire box is used, and in all cases shall 
be placed in the part of the boiler fully exposed to the action of 
the fire, and as near the surface line of the water as good judg- 
ment shall dictate, excepting in cases of upright tubular boilers, 
when the upper tube sheet is placed above the surface line of the 
water, which class of boilers shall be exempted from the pro- 
visions of this section. R. S. c. 22, § 22. 

If any person without just and proper cause removes from the 
boiler the safety plug, or substitutes any material more capable 
of resisting the action of the fire, or if any person or corporation 
uses or causes to be used, for six consecutive days, or manufac- 
tures or sells a steam boiler of a class not exempted from the 
provisions of the preceding section, unprovided with such safety 
fusible plug, such offender shall be fined not exceeding one 
thousand dollars. R. S. c. 22, 8 23. 



NUISANCES. 611 

Persons engaged in blasting lime-rock or other rocks, shall 
before each explosion give seasonable notice thereof, so that all 
persons or teams approaching shall have time to retire to a safe 
distance from the place of said explosion ; and no such explosion 
shall be made after sunset. R. S. c. 22, § 24. 

Whoever violates the preceding section, forfeits to the prose- 
cutor five dollars for each offense, to be recovered in an action 
of debt, and is liable for all damages caused by any explosion ; 
and if the persons engaged in blasting rocks are unable to pay, 
or after judgment and execution, avoid payment of the fine, 
damages and costs, by the poor debtor's oath, the owners of the 
quarry, in whose employment they were, are liable for the same. 
R. S. c. 22, § 25. 

When the municipal officers of a town after personal notice 
in writing to the owner of any burnt, dilapidated or dangerous 
building, or by publication in a newspaper in the same county, 
if any, three weeks successively, otherwise in the state paper, 
and after a hearing of the matter, adjudge the same to be a nui- 
sance or dangerous, they may make and record an order, prescrib- 
ing what disposal shall be made thereof, and thereupon the town 
clerk shall deliver a copy of such order to a constable, who shall 
serve such owner, if a resident of the state, with an attested 
copy thereof, and make return of his doings thereon to said 
clerk forthwith. If the owner, or part owner, is unknown, or 
resides without the state, such notice shall be given by publi- 
cation in the state paper, or in a paper published in the county, 
three weeks successively. R. S. c. 22, § 26. 

If no application is made to a justice of the supreme judicial 
court, as is hereafter provided, the municipal officers of such 
town, shall cause said nuisance to be abated, removed or altered 
in compliance with their order, and all expenses thereof shall be 
repaid to the town within thirty days after demand, or may be 
recovered of such person by an action for money paid. R. S. c. 
22, § 27. 

Any owner aggrieved by such order, may apply to a justice 
of the supreme judicial court, in term time or vacation, who 
shall forthwith, after notice and hearing, affirm, annul or alter 
such order. If the court is not in session, the action shall be 
entered on the docket of the preceding term. R. S. c. 22, § 28. 

If the court affirms such order, costs shall be recovered by the 
town. If it wholly annuls such order, costs shall be recovered 



612 NUISANCES. 

by the applicant, and if it alters it in part, the court may render 
such judgment as to costs as justice requires. R. S. c. 22, § 29. 

The four preceding sections shall not be in force in any town 
unless adopted at a legal meeting thereof. R. S. c. 22, § 30. 

Motor boats run or operated in any tidal or other waters 
within the state, without the use of proper and suitable mufflers 
or other devices to deaden sound, are common nuisances within 
the meaning of revised statutes, chapter twenty-two, section 
twelve ; but the penalty for so running or operating the same 
shall not exceed twenty-five dollars for each offense. P. L. 
1909 c. 64, § 1. 

This act shall not apply to motor boats while entered and 
competing in boat races ; provided, such races are held between 
the hours of nine o'clock in the forenoon and nine o'clock in the 
afternoon. P. L. 1909 c. 64, § 2. 

Any muffling device approved by the United States inspectors 
having jurisdiction of the tidal waters of this state shall, in case 
of motor boats run or operated on such tidal waters, be deemed 
to be a compliance with this act. P. L. 1909 c. 64, § 3. 



CHAPTER LXVIL 



ENGINEMEN AND FIRES. 

Any town, corporation or individuals providing fire engines, 
hose, ladders or other apparatus for the extinguishment of fires, 
or the preservation of life or property from destruction at fires, 
may by ordinances or by-laws, prescribe rules and regulations 
for the care and management thereof, for the employment and 
compensation of men, not exceeding sixty to each engine, 
whether enginemen or other persons, and for the appointment of 
officers to govern them when on duty and to take charge of such 
apparatus, and may prescribe their style, rank, powers and 
duties. R. S. c. 28, § 1. 

The engineers, or other officers chosen by any town under any 
ordinance or by-law, shall in addition to the powers thereby con- 
ferred, exercise all the powers and duties of fire wards as pre- 



ENGINEMEN AND FIRES. 613 

scribed in this chapter, unless restricted by the ordinance or 
by-law under which they are chosen ; and such towns are 
responsible for the acts of their said officers, as for the acts or 
orders of fire wards in similar cases; and such firemen and 
enginemen, so employed, have all the powers and privileges, and 
are subject to all the duties and liabilities of enginemen, as pre- 
scribed in this chapter. R. S. c. 28, § 2. 

Such enginemen shall be excused from serving as jurors in 
any court, unless their towns otherwise decide ; continue in 
office during the pleasure of the municipal officers ; meet annu- 
ally to elect such officers as are deemed necessary to give effi- 
ciency to their operation ; establish such rules and regulations 
respecting their duty, as are approved by said municipal officers 
and not repugnant to law, and affix penalties to be recovered by 
their clerk, not exceeding six dollars for any one offense. R. S. 
c. 28, § 3. 

Companies of enginemen shall meet once every month, and 
oftener if necessary, to examine the state of their engines and 
the appendages thereof; and by night or by day without delay, 
under the direction of the fire wards, they shall use their best 
endeavors to extinguish all fires in the town or in its immediate 
vicinity. R. S. c. 28, § 4. 

On proof of negligence, the municipal officers may discharge 
any engine-man or member of the company organized under spe- 
cial laws, and appoint some other person in his stead ; and they 
may select from the enginemen any number for each engine in 
their town, who shall, under the direction of the fire wards, 
attend fires therein with axes, fire hooks, fire sails and ladders, 
and perform such further duty as said officers from time to time 
prescribe. R. S. c. 28, § 5. 

Each town, at its annual meeting, may elect as many fire 
wards as it deems necessary ; and each person so chosen shall be 
notified in three days, and shall enter his acceptance or refusal 
of the office, with the town clerk, within three days after such 
notice, on penalty of ten dollars, unless excused by the town ; 
and if excused, the town shall elect another in his place. R. S. 
c. 28, § 6. 

When a fire breaks out in any town, the fire wards shall 
immediately attend at the place with their badges of office ; and 
when there, any three of them may direct any building to be 
pulled down or demolished, if they judge it necessary to prevent 
the spread of the fire ; but in their absence the major part of 



614 ENGINEMEN AND FIRES. 

the municipal, or any two civil or military officers present, in 
the order in which they are named, have the same power. R. S. 
c. 28, § 7. 

During the continuance of any fire, said fire wards or other 
officers may require assistance in extinguishing the fire and 
removing merchandise and furniture ; appoint guards to secure 
the same and to aid in pulling down or demolishing buildings 
and suppressing disorder and tumult ; and generally may direct 
all operations to prevent further destruction or damage ; any 
person refusing to obey their orders forfeits ten dollars. R. S. 
c. 28, § 8. 

The chief engineer, engineers, fire wards and other officers 
appointed for particular localities under special laws, have the 
same power as fire wards to pull down or demolish buildings in 
order to prevent the spreading of fires, and to do other things 
for the extinguishment thereof ; and the town to which they 
belong is liable to pay such compensation for damages conse- 
quent upon their acts, as other towns are for similar damages ; 
and the members of the fire department in such localities shall 
enjoy all the privileges, and be liable to all the duties of other 
firemen ; but nothing herein shall be construed to control the 
manner of their election. R. S. c. 28, § 9. 

If the pulling down or demolishing of airy building, except 
that in which the fire originated, is the means of stopping the 
fire, or if the fire is stopped before it comes to the same, then the 
owner of such building is entitled to recover a reasonable com- 
pensation therefor from the town, in a special action on the case. 
R. S. c. 28, § 10. 

Whoever steals, carries away or conceals any property not 
his own, at a fire, or exposed by reason thereof, and does not 
give notice of it to the owner or one of the fire wards, shall be 
deemed guilty of larceny and punished accordingly. R. S. 
o. 28, § 11. 



PREVENTION OF FIRES. 615 



CHAPTER LXVIIL 



PREVENTION OF FIRES. 

No person shall occupy any tenement in a maritime town for 
sail making, rigging or as a livery stable, except where the 
municipal officers direct ; whoever violates this section, forfeits 
ten dollars a month during the continuance of such occupancy. 
R. S. c. 28, § 12. 

On complaint of any citizen that a chimney, stove, stove pipe, 
oven, furnace, boiler or appurtenance is defective, out of repair, 
or so placed in any building as to endanger it or any other build- 
ing, the municipal officers of any town of not more than two 
thousand inhabitants, if satisfied that such complaint is well 
founded, shall give written notice to the owner or occupant of 
such building, and if he unnecessarily neglects for three days to 
remove or repair the same effectually, he forfeits not less than 
ten, nor more than one hundred dollars. R. S. c. 28, § 13. 

No person shall enter any mill, mill yard, factory, machine 
shop, shipyard, covered bridge, stable or other building, with a 
lighted pipe or cigar, or shall light or smoke any pipe or cigar 
therein, under a penalty of five dollars, if a notice in plain 
legible characters that no smoking is allowed therein, is kept in 
a conspicuous position over or near each principal entrance to 
such building or place ; and whoever defaces, removes or destroys 
such notice, forfeits ten dollars. R. S. c. 28, § 14. 

Whoever kindles a fire on land not his own, without consent 
of the owner, forfeits ten dollars ; if such fire spreads and dam- 
ages the property of others, he forfeits not less than ten, nor 
more than five hundred dollars, and in either case he shall stand 
committed until fine and costs are paid, or he shall be imprisoned 
not more than three years. R. S. c. 28, § 15. 

Whoever with intent to injure another, causes a fire to be 
kindled on his own or another's land, whereby the property of 
any other person is injured or destroyed, shall be fined not less 
than twenty, nor more than one thousand dollars, or imprisoned 



616 PREVENTION OF FIRES. 

not less than three months, nor more than three years. R. S. 
c. 28, § 16. 

Whoever for a lawful purpose kindles a fire on his own land, 
shall do so at a suitable time and in a careful and prudent man- 
ner ; and is liable, in an action on the case, to any person injured 
by his failure to comply with this provision. R. S. c. 28, § 17. 

Persons engaged in driving lumber may kindle fires when 
necessary, but shall use the utmost caution to prevent them 
from spreading and doing damage, and if they fail so to do, 
they are subject to all the foregoing liabilities and penalties, as 
if said privilege had not been allowed. R. S. c. 28, § 18. 

The common law right to an action for damages done by fires, 
is not taken away or diminished, and it may be pursued notwith- 
standing the penalties herein set forth, but any person availing 
himself of section seventeen is barred of his action at common 
law for the damage so sued for. And no action shall be brought 
at common law for kindling fires in the manner described in 
section eighteen ; but if such fire spreads and does damage, the 
person who kindled it, and any persons present and concerned 
in driving the lumber, by whose act or neglect such fire is suf- 
fered to do damage, are liable, in an action on the case, for such 
damage. R. S. c. 28, § 19. 

In every town, the municipal officers may make regulations, 
in conformity to which shall be kept in the town or transported 
from place to place all gunpowder, petroleum, coal oils, burning 
fluids, naphtha, benzine and all other explosive and illuminating 
substances which such officers adjudge dangerous to the lives or 
safety of citizens ; and no person shall keep any such article in 
any other quantity or manner, than is prescribed in such regula- 
tions, under a penalty of not less than twenty, nor more than 
one hundred dollars for each offense ; all such articles may be 
seized by any of said officers as forfeited ; and within twenty 
days after such seizure, may be libeled according to law. R. S. 
c. 28, § 20. 

A person injured by the explosion of such articles in the pos- 
session of any person contrary to such regulations, has an action 
for damages against such possessor, or against the owner if conu- 
sant of such neglect. R. S. c. 28, §.21. 

Any municipal officer, with a lawful search warrant, may enter 
any building or other place in his town to search for such articles 
supposed to be unlawfully concealed there. R. S. c. 28, § 22. 



PREVENTION OF FIRES. 617 

Rules and regulations, established in any town according to 
section twenty, shall not be in force until they have been pub- 
lished for three weeks successively in a newspaper in the county, 
or until attested copies of them have been posted in three public 
places in said town for at least three weeks. R. S. c. 28, § 23. 

Penalties provided in the preceding sections may be recovered 
by complaint, indictment or action of debt, half to the town 
where the offense is committed, and half to the prosecutor. R. 
S. c. 28, § 24. 



CHAPTER LXIX. 



INSPECTION OF BUILDINGS. 

In every town and city of more than two thousand inhabit- 
ants, the municipal officers shall annually in the month of April 
appoint an inspector of buildings, who shall be a man skilled in 
the construction of buildings, and shall determine his compensa- 
tion. The municipal officers shall define the limits within which 
the inspector of buildings shall have jurisdiction, which shall 
include the thickly settled portion of each such city, and of each 
village in each such city or town. R. S. c. 28, § 25. 

Such inspector shall inspect each new building during the 
process of construction, so far as may be necessary to see that all 
proper safeguards against the catching or spreading of fire are 
used, that the chimneys and flues are made safe, and that proper 
cut-offs are placed between the timbers in the walls and floorings 
where fire would be likely to spread ; and may give such direc- 
tions in writing to the owner or contractor as he deems nec- 
essary, concerning the construction of such building so as to 
render the same safe from the catching and spreading of fire. 
R. S. c. 28, § 26. 

He shall inspect all buildings while in process of being repaired, 
and see that all reasonable safeguards are used against the catch- 
ing and spreading of fire, and that the chimneys and flues are 
made safe ; and he may give such directions in writing to the 
owner as be deems necessary concerning such repairs, as to ren- 



618 INSPECTION OF BUILDINGS. 

der such building safe from the catching and spreading of fire. 
R. S. c. 28, § 27. 

He shall at least once in three years, and oftener when required 
by the municipal officers, inspect chimne} T s, flues, funnels, stoves, 
furnaces, boilers and boiler connections, and heating apparatus 
in all the buildings within his jurisdiction, in which fire is kept 
or used, to ascertain if the same are safe against fire. He may 
give such directions in writing as he may deem necessary to the 
owner of said building to make changes in the construction or 
situation of such chimneys, flues, funnels, stoves, furnaces, boil- 
ers, boiler connections and heating apparatus, so as to make the 
same safe as aforesaid. And the municipal officers may require 
such inspection of any particular building at any time. R. S. c. 
28, § 28. 

An inspector of buildings in the performance of his official 
duty may enter any building for the purpose of making the 
inspection required by this chapter. R. S. c. 28, § 29. 

An appeal in writing may be taken from any order or direc- 
tion of the inspector of buildings to the municipal officers, whose 
order thereon shall be final. R. S. c. 28, § 30. 

No new building shall be occupied until the inspector of build- 
ings has given a certificate that the same has been built in accord- 
ance with the provisions of section twenty-six, and so as to be 
safe from fire ; if the owner permits it to be so occupied without 
such certificate, he shall be liable to a fine of ten dollars for each 
week he permits such building to be so occupied, to be recov- 
ered by complaint or indictment. In case the inspector of build- 
ings for any cause declines to give his certificate and the builder 
has in his own judgment complied with the provisions of section 
twenty-six, an appeal may be taken to the municipal officers and 
if on such appeal, it shall be decided by them that the provisions 
of said section have been complied with, the owner of said build- 
ing shall not be liable to a fine for want of the certificate of the 
inspector. R. S. c. 28, § 31. 

If the owner of any building neglects or refuses for more than 
thirty days to comply with any direction of the inspector of 
buildings given as aforesaid, concerning the repairs on any build- 
ing, as provided in section twenty-seven, or to make such changes 
in the construction or situation of chimneys, flues, funnels, stoves, 
furnaces, boilers and boiler connections, and heating apparatus, 
as may be required by such inspector of buildings, under the pro- 
visions of section twenty-eight, or as may be confirmed by the 



INSPECTION OF BUILDINGS. 619 

municipal officers on appeal, he shall be liable to a fine of ten 
dollars for each week he so neglects or refuses, to be recovered 
by complaint or indictment. R. S. c. 28, § 32. 

Any owner or occupant of a building, who refuses to permit an 
inspector of buildings to enter his buildings, or willfully obstructs 
him in the inspection of such building as required by this chap- 
ter, shall be liable to a fine of not less than one, nor more than 
twenty dollars, to be recovered by complaint or indictment. 
R. S. c. 28, § 33. 

The inspector of buildings and the municipal officers of any 
city or town may at all reasonable hours, for the purpose of 
examination, enter into and upon all buildings and premises 
within their jurisdiction. Whenever any of said officers shall 
find in any building or upon any premises combustible material 
or inflammable conditions dangerous to the safety of such build- 
ings or premises they shall order the same to be removed or 
remedied, and such order shall be forthwith complied with by 
the owner or occupant of said buildings or premises ; provided, 
however, that if the said owner or occupant shall deem himself 
aggrieved by such order when made by the inspector of build- 
ings he may, within twenty-four hours, appeal to the municipal 
officers, and the cause of the complaint shall be at once investi- 
gated by the direction of the latter, and unless by their author- 
ity the order above named is revoked, such order shall remain in 
force and be forthwith complied with by said owner or occupant. 
The inspector of buildings or the municipal officers shall make, 
or cause to be made, an immediate investigation as to the pres- 
ence of combustible material or the existence of inflammable 
conditions in any building or upon any premises under their 
jurisdiction, upon complaint of any person having an interest in 
said buildings or premises or property adjacent thereto. Any 
owner or occupant of buildings or premises, failing to comply 
with the orders of the authorities above specified, shall be pun- 
ished by a fine of not less than five dollars for each day's neglect. 
R. S. c. 28, § 34. 

Municipal and police courts and trial justices shall have juris- 
diction of the offenses named in the four preceding sections. 
R. S. c. 28, § 35. 

Towns and cities may make by-laws not inconsistent with this 
chapter, defining more particularly the duties of such inspector 
of buildings, and the rules and regulations by which he is to be 
governed. R. S. c. 28, § 36. 



620 PROTECTION OF LIFE IN BUILDINGS, ETC. 



CHAPTER LXX 



PROTECTION OF LIFE IN BUILDINGS USED FOR 
PUBLIC PURPOSES. 

Every building intended temporarily or permanently for pub- 
lic use, and every schoolhouse of more than one story in height, 
and every schoolroom therein, shall have all inner doors, intended 
for egress, open outwards. The outer doors of all such build- 
ings shall be kept open when the same are used by the public, 
unless they open outwards ; but fly-doors opening both ways 
may be kept closed. R. S. c. 28, § 37. 

Every public house where guests are lodged, and every build- 
ing in which any trade, manufacture or business is carried on, 
requiring the presence of workmen above the first story, and all 
rooms used for public assembly or amusement, and all tenement 
houses three stories in height where only one stairway or means 
of egress from the upper stories of the building is provided, and 
all tenement houses of four or more stories in height, intended 
to be occupied by families, boarders or lodgers, above the third 
story, shall at all times be provided with suitable and sufficient 
fire escapes, outside stairs or ladders from each story or gallery 
above the level of the ground, easily accessible to all inmates in 
case of fire or of an alarm of fire ; the sufficiency thereof to be 
determined as provided in the following section. R. S. c. 28, 
§ 38. 

In towns or parts of towns having no organized fire depart- 
ment, the municipal officers shall annually make careful inspec- 
tion of the precautions and safeguards provided in compliance 
with the foregoing requirements, and pass upon their sufficiency 
as to arrangement and number, and upon their state of repair; 
and direct such alterations, additions and repairs as they adjudge 
necessary. In towns, cities and villages having an organized 
fire department, the duties aforesaid shall be discharged by the 
board of fire engineers. R. S. c. 28, § 39. 

Such municipal' officers or fire engineers shall give written 
notice to the occupant of such building, also to the owner 



PKOTECTION OF LIFE IN BUILDINGS, ETC. 621 

thereof, if known, of their determination as to the sufficiency of 
said precautions and safeguards, specifying in said notice any 
alteration, addition or repair which they require. Sixty days are 
allowed for compliance with such notice and order. R. S. c. 28, 
§ 40. 

Any owner or occupant who neglects to comply with such 
order, within the time so allowed, forfeits fifty dollars, besides 
five dollars for every day's continuance of such neglect ; and the 
building or part of a building so occupied shall be deemed a 
common nuisance, without any other evidence than proof of its 
use ; and the keeper shall be punished accordingly. Said officers 
may forbid the use of such building for any public purpose until 
their order has been complied with. And if the owner or occu- 
pant of said building lets or uses the same in violation of such 
order, he forfeits not less than twenty, nor more than fifty dol- 
lars for each offense. R. S. c. 28, § 41. 

Whenever the municipal officers or engineers upon inspection, 
find that proper safeguards and precautions for escape in case of 
fire, or of alarm, have been provided, they shall give to the 
occupant of such building a certificate, under their hands, of 
such fact ; which shall be valid for one year only from its date ; 
and a reasonable compensation for such inspection shall be paid 
by the city or town in which any such building is located, by an 
order drawn upon its treasurer. Such officers shall return to 
the clerk's office of their town, monthly, a list of such certificates 
by them issued, which the clerk shall record in a suitable book. 
R. S. c. 28, § 42. 

Every person receiving such certificate shall keep the same 
posted in such building. Such annual certificate, so posted, is 
prima facie evidence of the inspection of such building, and of 
the presence of such suitable safeguards and precaution. Every 
occupant of such building who neglects or refuses to procure 
such certificate, or to post the same as aforesaid, forfeits ten dol- 
lars for every week that he so neglects and refuses. R. S. c. 28, 
§ 43. 

Every municipal officer or fire engineer who refuses or neg- 
lects to perform the duties imposed upon him by the seven pre- 
ceding sections forfeits fifty dollars. R. S. c. 28, § 44. 

All fines and forfeitures imposed by the four preceding sec- 
tions may be recovered by the town where the building is 
located, by an action on the case, or by indictment. R. S. c. 28, 
§45. 



622 INVESTIGATION OF CAUSES OF FIRES. 



CHAPTER LXXI. 



INVESTIGATION OF CAUSES OF FIRES. 

When property is destroyed or damaged by fire the municipal 
officers in cities and towns shall immediately notify the insurance 
commissioner of the same, and shall investigate the cause, 
circumstances and origin of the fire, and especially examine 
whether it was the result of carelessness or of design. The 
investigation shall be commenced within three days after the 
occurrence of the fire, not including the Lord's day, and the 
insurance commissioner may supervise and direct such investi- 
gation whenever he deems it expedient or necessary. R. S. c. 
28, § 46. 

When the municipal officers have completed their investiga- 
tion, which shall be within two weeks after the occurrence of 
the fire, they shall immediately file with the insurance commis- 
sioner a written statement of all the facts relating to the cause, 
circumstances and origin of the fire ; the kind, value and owner- 
ship of the property destroyed or damaged, and such other 
information as may be required by said commissioner. The 
insurance commissioner shall make a record of all fires investi- 
gated under sections forty-six to fifty-three inclusive, together 
with all facts, statistics and circumstances connected therewith. 
Such record shall at all times be open to public inspection, and 
snch portions of it as the commissioner deems expedient shall be 
published in his annual report to the governor and council. 
R. S. c. 28, § 47. 

The insurance commissioner may, whenever he deems it 
expedient or advisable, examine or cause to be examined the 
cause, circumstances and origin of all fires occurring in the cities 
and towns within the state, of which he has knowledge, by 
which property is damaged or destroyed, and may specially 
examine and decide whether the same was the result of careless- 
ness or design. The insurance commissioner shall, when in his 
opinion said proceedings are necessary, take or cause to be taken 
the testimony on oath of all persons supposed to be cognizant of 



INVESTIGATION OF CAUSES OF FIRES. 623 

any facts or to have means of knowledge in relation to the mat- 
ters as to which such examination is made, and may cause the 
same to be reduced to writing. If he shall be of the opinion 
that there is evidence sufficient to charge any person with the 
crime of arson or incendiarism, he shall cause such person to be 
arrested and charged with such offense, and shall furnish to the 
proper county attorney all such evidence, together with the 
names of witnesses and all information obtained by him, includ- 
ing a copy of all pertinent and material testimony in the case. 
R. S. c. 28, § 48. 

The insurance commissioner, the deputy insurance commis- 
sioner and the municipal officers of cities and towns shall each 
have the powers of a trial justice for the purpose of summoning 
and compelling the attendance of witnesses before them or either 
of them, to testify in relation to any matter which is by the pro- 
visions of the three preceding sections a subject of inquiry and 
investigation. Said insurance commissioner, deputy insurance 
commissioner and municipal officers may also administer oaths 
and affirmations to persons appearing as witnesses before them ; 
and false swearing in an} 7 matter or proceeding aforesaid shall 
be deemed perjury and shall be punished as such. Said insur- 
ance commissioner and his subordinates shall have authority, at 
all times of the day or night, in the performance of the duties 
imposed by this chapter, to enter upon and examine any build- 
ing or premises where a fire is in progress or has occurred, and 
other buildings or premises adjoining or near the same. All 
investigations held by or under the direction of the insurance 
commissioner, deputy insurance commissioner or the municipal 
officers may in their discretion be private, and persons other than 
those required to be present by the provisions hereof may be 
excluded from the place where such investigation is held, and 
witnesses may be kept separate and apart from one another and 
not allowed to communicate with one another until they have 
been examined. R. S. c. 28, § 49. 

Every fire insurance company or association transacting busi- 
ness in the state shall report to the insurance commissioner, 
within ten days after the adjustment of every loss, the amount 
of all policies issued by said company on the property destroyed 
or damaged, the amount paid or payable on account of such loss, 
and such other information relating to the matter as the commis- 
sioner may require. R. S. c. 28, § 50. 

The insurance commissioner may employ such clerks and 
assistants, provide such blanks, and incur such expenses as may 



624 INVESTIGATION OF CAUSES OF FIRES. 

be necessary to carry out the provisions of sections forty-six to 
fifty-three inclusive, not to exceed two thousand dollars in an} 7 
year, and all bills and expenses incurred shall be audited by the 
governor and council. R. S. c. 28, § 51. 

Municipal officers shall record or cause to be recorded, in a 
book provided by the insurance commissioner, all returns made 
under the provisions of the six preceding sections. R. S. c. 28, 
§52. 

Any city or town officer, or any insurance company neglecting 
or refusing to perform any duty required by the provisions of 
the seven preceding sections shall be punished by a fine of not 
less than ten, nor more than one hundred dollars for each offense. 
R. S. c. 28, § 53. 



CHAPTER LXXII. 



POLICE OFFICERS. 

The selectmen of towns may appoint and shall control and fix 
the compensation of police officers. Such appointment shall be 
in writing, signed by a majority of the selectmen and recorded 
by the town clerk, and shall be for such time not exceeding one 
year as the selectmen shall determine. R. S. c. 4, § 94. 

Police officers so appointed shall severally have all the powers 
of a constable in criminal matters, within the limits of the town, 
and may be removed by the selectmen when they shall deem 
that .the interests of the town require such removal. R. S. c. 
4, § 95. 

Form of the Order. 

To , of the town of : 



The undersigned, selectmen of the town of , by virtue of the author- 
ity vested in us by law, do hereby appoint you a police officer for said town 

of , and fix your compensation for all services by you to be performed 

as a police officer for the term of this appointment, at dollars per day 

[or in such other manner as may be determined']. You are required to keep 
a suitable watch in said town, from and after the date hereof, until the 
day of next, said watch to be kept from o'clock in the even- 



POLICE OFFICERS. 625 

ing until sunrise [or as may otherwise be determined]. You will walk the 
rounds in and about the streets, wharves, lanes, and principal inhabited 
parts of said town, and perform all duties required of police officers by the 
laws of the state and by-laws and ordinances of the said town. 

Given under our hands, at said , this day of , A. D. 19 — . 



Selectmen of ■ 



CHAPTER LXXIII. 



INNHOLDERS AND VICTUALERS. 

The municipal officers, treasurer and clerk of every town shall 
annually meet on the first Monday of May, or on the succeeding 
day, or both, and at such time and place in said town as they 
appoint by posting notices in two or more public places therein, 
at least seven days previously, stating the purpose of the meet- 
ing ; and at such meeting they may license under their hands as 
many persons of good moral character, and under such restric- 
tions and regulations as they deem necessary, to be innholders 
and victualers in said town, until the day succeeding the first 
Monday in May of the next year, in such house or other build- 
ing, as the license specifies. And at any meeting so notified and 
held they may revoke licenses so granted, if in their opinion 
there is sufficient cause. R. S. c. 29, § 1. 

No person shall receive his license until he has given his bond 
to the treasurer, to the acceptance of the board granting it, with 
one or more sureties in the penal sum of three hundred dollars, 
in substance as follows, viz. : 

Know all men that we, , as principal, and , and , as sureties, 

are held and stand firmly bound to , treasurer of the town [or city] of 

, in the sum of three hundred dollars, to be paid to him, or his successor 

in said office; to the payment whereof we bind ourselves, our heirs, execu- 
tors and administrators, jointly and severally by these presents. Sealed 
with our seals. Dated the day of , in the year 19 — . The condi- 
tion of this obligation is such that, whereas the above-bounden has 

been duly licensed as a within said town [or city], until the day suc- 
ceeding the first Monday of May next; now if in all respects he shall con- 
form to the provisions of law relating to the business for which he is 

40 



626 INNHOLDERS AND VICTUALERS. 

licensed, and to the rules and regulations as provided by the licensing 
board in reference thereto, and shall not violate any law of the state relat- 
ing to intoxicating liquors, then this obligation shall be void, otherwise 
shall remain in full force. 

R. S. c. 29, § 2. 

The licensing board may, at any other time, at a meeting spe- 
cially called, and notified as aforesaid for the consideration of 
any application therefor to them made, grant such license on like 
conditions ; but all such licenses expire on the day aforesaid. 
R. S. c. 29, § 3. 

Every person licensed shall pay to the treasurer, for the use 
of such board, one dollar ; and the clerk shall make a record of 
all licenses granted. R. S. c. 29, § 4. 

Every innholder shall, at all times, be furnished with suitable 
provisions and lodging for strangers and travelers, and with 
stable room, hay and provender for their horses and cattle ; and 
with pasturing, if it is required by the terms of his license ; 
and he shall grant such reasonable accommodations as occasion 
requires, to strangers, travelers and others. R. S. c. 29, § 5. 

In case of loss by fire, innholders are answerable to their 
guests only for ordinary and reasonable care in the custody of 
their baggage or other property. R. S. c. 29, § 6. 

Innholders are not liable for losses sustained by their guests, 
except for wearing apparel, articles worn or carried upon the 
person to a reasonable amount, personal baggage and money 
necessary for traveling expenses and personal use, unless upon 
delivery or offer of delivery, by such guests, of their money, 
jewelry or other property, to the innholder, his agent or servants, 
for safe custody. R. S. c. 29, § 7. 

The value of gold watch, gold bracelets, gold thimble, three 
gold rings, gold neck pin, may be recovered if innkeeper liable 
for loss. These articles were held to be such as might properly 
be used daily while traveling. 77 Me. 360. 

An innholder against whom a claim is made for loss sustained 
by a guest, may in all cases show that such loss is attributable 
to the negligence of the guest, or to his non-compliance with the 
regulations of the inn ; provided, that such regulations are rea- 
sonable and proper, and are shown to have been brought to the 
notice of the guest. R. S. c. 29, § 8. 

Every victualer has all the rights and privileges and is subject 
to all the duties and obligations of an innholder, except furnish- 



INNHOLDERS AND VICTUALERS. 627 

ing lodging for travelers, and stable room, bay or provender for 
cattle. R. S. c. 29, § 9. 

No innbolder or victualer sball bave or keep for gambling pur- 
poses about bis bouse, sbop or otber buildings, yards, gardens or 
dependencies, any dice, cards, bowls, billiards, quoits or otber 
implements used in gambling; or suffer any person resorting 
thither to use or exercise for gambling purposes any of said 
games, or any other unlawful game or sport therein ; and every 
person who uses or exercises any such game or sport for gam- 
bling purposes in any place herein prohibited, forfeits five dol- 
lars. R, S. c. 29, § 10. 

No innbolder or victualer shall suffer any reveling or riotous 
or disorderly conduct in his house, shop or other dependencies ; 
nor any drunkenness or excess therein. R. S. c. 29, § 11. 

No person shall be a common innbolder or victualer without a 
license, under a penalty of not more than fifty dollars. R. S. c. 
29, § 12. 

The foregoing statute is explicitly prohibitory, and the license 
required is clearly for the protection of the public and to pre- 
vent improper persons from engaging in a particular business. 
Where the plaintiff, as innholder, furnished board and lodging 
to the defendant at his inn, and had not obtained the license 
required by the statute, the plaintiff cannot recover for board 
and lodging furnished to the defendant. 89 Me. 443. 

When an innkeeper directed his guest to take his horse and 
cart to a livery stable which belonged to the innkeeper, but was 
not connected with the inn, and the guest did so, and put the 
horse and cart into the care of the innkeeper's hostler; Held, 
that this constituted a delivery to the innkeeper for safe-keeping, 
and that the defendant received the plaintiff's goods as an inn- 
keeper and became responsible under the statute for the safe- 
keeping thereof. 91 Me. 274. 

The licensing board shall prosecute for any violations of the 
foregoing sections that come to their knowledge, by complaint, 
indictment or action of debt ; and all penalties recovered shall 
inure to the town where the offense is committed. Any citizen 
of the state may prosecute for any violation of the preceding 
sections in the same manner as the licensing board may prose- 
cute. R. S. c. 29, § 13. 

Whoever puts up at an inn, hotel or boarding-house, and 
without having an express agreement for credit, procures food, 
entertainment or accommodation without paying therefor, and 



628 INNHOLDERS AND VICTUALERS. 

with intent to defraud the owner or keeper of the inn, hotel or 
boarding-house out of the pay for the same ; or, with intent to 
cheat or defraud such owner or keeper out of the pay therefor, 
obtains credit at an inn, hotel or boarding-house for such food, 
entertainment or accommodation by means of any false show of 
baggage or effects brought thereto ; or with such intent, removes 
or causes to be removed any baggage or effects from an inn, 
hotel or boarding-house, while there is a lien existing thereon 
for the proper charges due from him for fare and board fur- 
nished therein, shall be punished by imprisonment not exceeding 
six months, or by fine not exceeding one hundred dollars. R. S. 
c. 127, § 5. 

Innholders and keepers of hotels and boarding-houses shall 
post up a printed copy of the foregoing section and this section, 
in a conspicuous place in each room of their inns, hotels and 
boarding-houses. R. S. c. 127, § 6. 

The business of an innkeeper is viewed by the law as a public 
employment, and accordingly, one of the distinguishing charac- 
teristics of that business is the obligation to receive and enter- 
tain, as guests, all who choose to visit the house. In this lies 
the distinction between an innkeeper and the keeper of a board- 
ing-house. 99 Am. Dec. 657. 

Mere apprehension of insult will not justify refusal to receive 
guest. The facts and circumstances must justify such appre- 
hension. Lack of food is no excuse for such refusal unless good 
reason is shown for such lack. 76 Me. 540. 

A town may at its annual meeting, fix the times in which 
clams may be taken within its limits, and the prices for which 
its municipal officers shall grant permits therefor ; and unless so 
regulated by vote, residents of the town may take clams with- 
out written permit. But without permit, any inhabitant within 
his own town, or transient person therein, may take clams for the 
consumption of himself and family. This section does not apply 
to hotel keepers taking clams for the use of their hotels, nor 
does it interfere with any law relating to the taking of shell fish 
for bait by fishermen. P. L. 1909 c. 60. 

Innholders or keepers of boarding-houses have a lien on the 
goods and personal baggage of their guests and boarders, to 
secure the payment of any money due from them for board or 
lodging, and may enforce the same by a sale of such goods or 
baggage, in the manner following. After such goods or personal 
baggage have remained in the possession of such innholder or 



INNHOLDERS AND VICTUALERS. 629 

boarding-house keeper for six months, unredeemed, they may be 
sold at auction to pay the sum due for board or lodging, and the 
expense of advertising and selling the same. Such innholder or 
boarding-house keeper shall give thirty days' notice of the time 
and place of such sale, in a newspaper published in the town 
where such articles are held, if any, otherwise notice thereof 
shall be posted in three conspicuous places therein ; said notice 
shall give a description of such articles, and the name of the 
owner : and the proceeds of sale, after deducting all charges and 
expense of advertising and notice, shall be applied in satisfac- 
tion of the claim upon which such articles are sold, and the bal- 
ance, if any, shall be held for the benefit of the person entitled 
thereto. All such sales shall be recorded in the office of the 
town clerk where the sale takes place, in a suitable book open 
to public inspection, in which the articles sold shall be correctly 
described, with the charges and expenses of advertising and sell- 
ing, and the prices at which they were sold. R. S. c. 93, § 65. 

If an innholder or victualer, on the Lord's Day, suffers any 
persons, except travelers, strangers or lodgers, to abide in his 
house, yard or field, drinking or spending their time idly, at play 
or doing any secular business, except works of charity or neces- 
sity, he shall be punished by fine not exceeding four dollars for 
each person thus suffered to abide ; and if after conviction he is 
again guilty, by fine not exceeding ten dollars for each offense ; 
and upon a third conviction, he shall also be incapable of hold- 
ing any license ; and every person so abiding shall be fined not 
exceeding four dollars for each offense. R. S. c. 125, § 26. 

Every public house where guests are lodged, and every build- 
ing in which any trade, manufacture or business is carried on, 
requiring the presence of workmen above the first story, and all 
rooms used for public assembly or amusement, and all tenement 
houses three stories in height, where only one stairway or means 
of egress from the upper stories of the building is provided, and 
all tenement houses of four or more stories in height, intended 
to be occupied by families, boarders or lodgers, above the third 
story, and all schoolhouses two stories or more in height, shall at 
all times be provided with proper egresses or other means of 
escape from fire sufficient for the use of all persons accommo- 
dated, assembled, employed, lodged or resident therein. These 
egresses and means of escape shall be kept unobstructed, in good 
repair and ready for use, the sufficiency thereof to be determined 
as provided in the revised statutes. P. L. 1909 c. 194. 



630 LORD'S DAY RELIGIOUS MEETINGS. 



CHAPTER LXXIV. 



LORD'S DAY— RELIGIOUS MEETINGS. 

The Lord's Day includes the time between twelve o'clock on 
Saturday night and twelve o'clock on Sunday night. R. S. c. 
125, § 27. 

Whoever, on the Lord's Day, keeps open his shop, workhouse, 
warehouse or place of business, travels, or does any work, labor 
or business on that day, except works of necessity or charity ; 
uses any sport, game or recreation ; or is present at any dancing, 
public diversion, show or entertainment, encouraging the same, 
shall be punished by fine not exceeding ten dollars. R. S, c. 
125, § 25. 

If an innholder or victualer, on the Lord's Day, suffers any 
persons, except travelers, strangers or lodgers, to abide in his 
house, yard or field, drinking or spending their time idly, at play 
or doing any secular business, except works of charity or neces- 
sity, he shall be punished by fine not exceeding four dollars for 
each person thus suffered to abide; and if after conviction he is 
again guilty, by fine not exceeding ten dollars for each offense ; 
and upon a third conviction, he shall also be incapable of hold- 
ing any license ; and every person so abiding shall be fined not 
exceeding four dollars for each offense. R. S. c. 125, § 26. 

No person conscientiously believing that the seventh day of 
the week ought to be observed as the Sabbath, and actually 
refraining from secular business and labor on that day, is liable 
to said penalties for doing such business or labor on the first day 
of the week, if he does not disturb other persons. R. S. c. 125, 
§ 28. 

Whoever, on the Lord's Day or at any other time, behaves 
rudely or indecently within the walls of any house of public 
worship ; willfully interrupts or disturbs any assembly for reli- 
gious worship within the place of such assembly or out of it ; sells 
or exposes for sale within one mile thereof and during the time 
of their meeting, refreshments or merchandise, except in his 



LORD'S DAY — RELIGIOUS MEETINGS. 631 

usual course and place of business ; exhibits any show or play ; 
engages or aids in any horse race, gambling or other sport, to 
the disturbance of such assembly ; or, coming within their neigh- 
borhood, refuses, on request, either immediately and peaceably 
to retire beyond their hearing, or to conform to their established 
regulations, shall be punished by imprisonment for not more 
than thirty days, and bv fine not exceeding ten dollars. R. S. c. 
125, § 22. 

On application of the presiding elder, officers or preachers in 
charge, or tent masters, of a religious or temperance camp meet- 
ing in any town, the municipal officers thereof or a majority of 
them, shall in writing, appoint one or more police officers to pre- 
serve the peace during such meeting, who may arrest any viola- 
tor of the preceding section, detain him until a warrant can be 
issued, and execute such warrant when directed to them ; and 
the presiding officer or committee of arrangements of such reli- 
gious assembly or meeting may appoint some suitable persons to 
keep boarders and sell refreshments at such meetings, who shall 
conform therein to such regulations as the officers appointing 
them prescribe. R. S. c. 125, § 23. 

Every justice of the peace, sheriff, deputy sheriff, constable and 
grand juror, present at any such religious assembly disturbed as 
aforesaid, shall arrest or cause to be arrested every such offender, 
and detain him until the close of such assembly, or until he 
can be taken before a magistrate ; and all persons present at such 
assembly, shall, on request, assist said officers in the execution 
of their duty, under the same penalties for neglect or refusal 
that are provided for neglecting or refusing to aid officers in 
other cases. R. S. c. 125, § 24. 

Any person arrested on the Lord's Day, or on the afternoon or 
evening preceding, for a bailable offense, may be admitted to 
bail on that day by a bail commissioner. R. S. c. 101, § 36. 

No license issued to a person as taxidermist shall authorize 
such person to kill any birds or take any nests or eggs thereof 
on Sunday. R. S. c. 32, § 10. 

No court shall be held on Sunday. R. S. c. 79, § 52. 

No person shall serve or execute any civil process on the 
Lord's Day ; but such service is void, and the person executing 
it is liable in damages to the party aggrieved as if he had no 
process. R. S. c. 83, § 84. 

A warrant for arrest of a person charged with the commission 



632 lord's day — religious meetings. 

of an offense may issue on any day, Sundays and holidays not 
excepted. R. S. c. 133, § 6. 

Any promissory note, draft, check, acceptance, bill of exchange, 
bond or other evidence of indebtedness made, drawn or accepted 
after July one, eighteen hundred and ninety-seven, that shall 
fall due on Sunday or any bank holiday, shall be payable and 
presentable for payment on the secular or business day next suc- 
ceeding such Sunday or holiday. If a bank holiday falls on 
Sunday, the following Monday shall be deemed a bank holiday 
for the purposes of this chapter. R. S. c. 34, § 11. 

No person who receives a valuable consideration for a contract, 
express or implied, made on the Lord's Day, shall defend any 
action upon such contract on the ground that it was so made, 
until he restores such consideration ; nor shall the provisions of 
chapter one hundred twenty-five, relating to the observance of 
the Lord's Day, affect in any way the rights or remedy of either 
party in any action for a tort or injury suffered on that day. 
R. S. c. 84, § 131. 

Sunday is a close time, on which it is not lawful to hunt, kill 
or destroy game or birds of any kind, under the penalties imposed 
therefor during other close time ; but the penalties already 
imposed for the violation of the Sunday laws by the statutes of 
this state are not hereby repealed or diminished. R. S. c. 32, 
§ 21. 

No deed, contract, receipt or other instrument in writing, is 
void because dated on the Lord's Day, without other proof than 
the date, of its having been made and delivered on that day. 
R. S. c. 84, § 130. 

Riding or walking for exercise on the Lord's Day, is not a 
violation of law. 65 Me. 34; 69 Me. 116 ; 82 Me. 196. 



PUBLIC EXHIBITIONS, BOWLING ALLEYS, ETC. 633 



CHAPTER LXXV. 



PUBLIC EXHIBITIONS, BOWLING ALLEYS, BILLIARD 

ROOMS, ETC. 

Whoever, for money or other valuable article, exhibits any 
images, pageantry, sleight of hand tricks, puppet show, circus, 
feats of balancing, wire dancing, personal agility, dexterity or 
theatrical performances, without a license therefor as hereinafter 
provided forfeits, for every offense, not more than one hundred 
nor less than ten dollars ; but this prohibition does not extend 
to any permanently established museum. R. S. c. 31, § 1. 

The municipal officers of towns may grant licenses for any of 
the foregoing exhibitions or performances therein, on receiving 
for their town such sum as they deem proper ; twenty-four hours 
being allowed for each exhibition or performance ; and they 
shall prosecute, by complaint for the use of their town, all vio- 
lators of the preceding section. R. S. c. 31, § 2. 

Torm of License. 

We, the subscribers, selectmen of the town of , hereby license 

to exhibit a menagerie of animals [or such other exhibit] within said town, 

on the day of , he having paid to us dollars therefor, to the 

use of said town. 

Given under our hands this day of , 19 — . 

A. B., •) 

C. D., > Selectmen of . 

E. F., ) 

Whoever keeps a bowling alley, pool, bagatelle or billiard 
room without a license, forfeits ten dollars for each day that 
such alley or room is so kept. R. S. c. 31, § 3. 

The municipal officers of tow r ns may license suitable persons 
to keep bowling alleys, pool, bagatelle, and billiard rooms therein, 
in any place where it will not disturb the peace and quiet of a 
family, for which the person licensed shall pay ten dollars to 
such town ; such licenses expire on the first day of May after 
they are granted, unless sooner revoked. R. S. c. 31, § 4. 



634 PUBLIC EXHIBITIONS, BOWLING ALLEYS, ETC. 

Every person so licensed shall at the time he receives his 
license, give bond to the town with two good and sufficient sure- 
ties, in not less than one hundred dollars, conditioned that he 
will not permit gambling or drinking of intoxicating liquors in 
or about his premises ; or any minor to play or roll therein with- 
out the written consent of his parent, guardian or master; or 
his alley, pool, bagatelle or billiard room to be opened or used 
between ten o'clock in the evening and sunrise. R. S. c. 31, 

§ 5 - 

On proof that any person so licensed, has violated any condi- 
tion of his bond, said officers shall revoke his license and enforce 
payment of his bond to their town ; and no such person shall 
afterwards be licensed therein for such purpose. R. S. c. 31, § 6- 

The keeper of any bowling alley, pool, bagatelle or billiard 
room, who violates any condition of his bond, forfeits ten dol- 
lars for the first offense, and twenty dollars for each subsequent 
offense ; and any marshal, sheriff, police or other officer may at 
any time enter said alley, pool, bagatelle or billiard room or 
rooms connected therewith to enforce this or any other law ; and 
whoever obstructs his entrance forfeits not less than five, nor 
more than twenty dollars. R. S. c. 31, § 7. 

Any person licensed to own, keep and operate a bowling alley 
or bowling alleys, pool, bagatelle or billiard rooms, under the 
provisions of this chapter, may be granted permission by the 
municipal officers of the town or city where such alley or alleys, 
pool, bagatelle or billiard rooms are situated, to keep the same 
open to the public until midnight, when in the opinion of such 
municipal officers no person or persons residing in the immediate 
neighborhood will be disturbed thereby. In such case the con- 
dition of the bond required by section five shall be varied accord- 
ingly. R. S. c. 31, § 8. 

Every person who keeps a roller skating rink or room, shall 
obtain a license from the municipal officers of the city or town 
where such rink is located and shall pay therefor such sum as. 
said municipal officers may deem proper. Any person keeping 
a roller skating rink without such license, shall be fined ten dol- 
lars for each day it is so kept. R. S. c. 31, § 9. 

Every person so licensed shall keep such rink closed between 
ten o'clock in the evening and sunrise, unless express permission 
in writing, to keep it open a longer time, is obtained from the- 
municipal officers of the city or town where such rink is located. 



PrBLIC EXHIBITIONS, BOWLING ALLEYS, ETC. 635 

Any person violating this section, shall be fined ten dollars for 
every such offense. R. S. c. 31, § 10. 

Whoever shall go about from town to town, or from place to 
place in any town, exhibiting any bear, shall be punished by fine 
not exceeding twenty dollars, or by imprisonment not exceeding 
thirty days, and such bear, after such notice to the owner thereof 
as the court may order, and a hearing thereon, may be declared 
forfeited, and ordered to be killed; but this section shall not be 
construed to prohibit the transportation or exhibition of bears in 
any authorized menagerie. R. S. c. 125, § 40. 

The officers of any such society may appoint a sufficient num- 
ber of suitable persons, to act as constables at cattle shows and 
exhibitions, with all the powers of constables, for the preserva- 
tion of the public peace, and the enforcement of the regulations 
of said society, within the towns where such shows and exhibi- 
tions are held, from noon of the day preceding the commencement 
of the same until noon of the day succeeding the termination 
thereof, and no longer. R. S. c. 60, § 23. 

Whoever makes entries of animals or articles as competitors- 
for premiums or purses offered by any agricultural society, or by 
any person or association in the state, shall be holden to pay the 
entry fee in accordance with the advertised rules and regulations 
of any such society, person or association, not in conflict with 
the laws of the state ; and a lien is hereby created upon such 
animals and articles for such entry fee to secure payment thereof 
with costs, to be enforced by an action of debt against the person 
owning such animals or articles, or the person entering the same ; 
the same to be enforced in the same manner as liens on goods in 
possession and choses in action, but such lien shall not affect the 
title of any innocent purchaser of said animals or articles without 
actual notice of such lien. R. S. c. 60, § 27. 

Agricultural societies, persons and associations, holding public 
exhibitions for competition for premiums or purses are authorized 
to conduct and manage the same in accordance with the adver- 
tised rules and regulations, not in conflict with the laws of the 
state. R. S. c. 60, § 28. 

Whoever publicly exhibits any photographic or other repro- 
duction of a prize fight shall be punished by a fine not exceed- 
ing five hundred dollars. R. S. c. 125, § 17. 

Whoever in connection with any show or entertainment, 
whether public or private, either as owner, manager or director, 
or in any other capacity, uses, or causes or permits to be used, a 



636 PUBLIC EXHIBITIONS, BOWLING ALLEYS, ETC. 

phonograph or other contrivance, instrument or device, which 
utters or gives forth any profane, obscene or impure language, 
shall be punished by a fine not exceeding five hundred dollars, 
or by imprisonment not exceeding one year, or by both such fine 
and imprisonment. R. S. c. 125, § 18. 

Whoever as owner, manager, director, agent or in any other 
capacity, prepares, advertises, gives, presents or participates in 
any obscene, indecent, immoral or impure show or entertainment, 
or in any show or entertainment manifestly tending to corrupt 
the morals of youth, shall be punished by a fine not exceeding 
five hundred dollars, or by imprisonment not exceeding one year, 
or by both such fine and imprisonment. R. S. c. 125, § 19. 



CHAPTER LXXVI. 



GAMBLING, LOTTERIES AND POLICY SHOPS. 

Whoever keeps or assists in keeping a gambling house, or 
tenement or other place occupied, used, kept or resorted to for 
the purposes described in section eleven of chapter one hundred 
and twenty-six of the revised statutes as amended by section two 
of this act, or is found gambling or present as described in said 
section eleven so amended as aforesaid, or permits any person to 
gamble in any way in any tenement or other place under his 
care or control, shall be punished by a fine of not more than one 
hundred dollars or by imprisonment for not more than four 
months ; and the municipal officers, constables and police officers 
of towns and cities, and the assessors of plantations, are required 
promptly to enforce the laws against gambling rooms, and to 
make complaint against any person in their respective munici- 
palities when there is probable cause to believe such person to 
be guilty of a violation of this section. Trial justices and judges 
of municipal or police courts, shall have jurisdiction in all prose- 
cutions for violations of this section. R. S. c. 126, § 1. 

Whoever gambles, or bets on any person gambling, shall be 
fined not less than one, nor more than twenty dollars, to be 
recovered by complaint or indictment to the use of the prose- 
cutor. R. S. c. 126, § 2. 



GAMBLING, LOTTERIES AND POLICY SHOPS. 637 

Whoever is convicted, by indictment found within six months, 
of winning, at one time or sitting, by gambling, or by betting on 
persons gambling, money or goods of the value of three dollars 
or more, and of receiving or taking security therefor, forfeits to 
the town where the offense is committed, double the value of the 
property so won and received. R. S. c. 126, § 3. 

Whoever engages in or has anything to do with pool selling 
shall be punished by imprisonment in the state prison for not 
more than two years, and by fine of not more than two thousand 
dollars. R. S. c. 126, § 4. 

Whoever, upon any railroad train or in any railroad car, or 
upon any steamboat, gambles or bets upon any person gambling, 
shall be punished by fine of not less than one hundred dollars, 
or by imprisonment for not less than three months. R. S. c. 
126, § 5. 

Every conductor or other person having charge of a railroad 
train, is required to arrest or cause to be arrested all persons 
gambling on his train, and to detain them in his custody until a 
warrant can be procured from the proper authorities, and he may 
employ all necessary aids for such purpose. R. S. c. 126, § 6. 

A copy of the two preceding sections shall be conspicuously 
posted in every car in which passengers are usually carried on 
any steam railroad, and in every steamboat. Any railroad or 
steamboat company, or the proprietors of any steamboat, refus- 
ing or neglecting to comply with this requirement, forfeit for 
each offense one hundred dollars, to be recovered by indictment 
in any county in which said railroad company runs trains or the 
steamboat company does business. R. S. c. 126, § 7. 

Whoever, by gambling, or betting on persons gambling, loses 
to any person so gambling or betting, any money or goods, and 
pays or delivers any part thereof, may sue for and recover the 
same of the winner, in an action on the case, brought within 
three months thereafter ; and if the loser does not, without covin 
or collusion, within said time prosecute therefor with effect, any 
other person may sue for and recover of the winner treble the 
value of the same in such action, half to his own use, and half 
to the town ; and all executions issued on judgments, in favor of 
the loser, or in favor of a third person, as above mentioned, shall 
show that the judgment w T as rendered against the defendant for 
or on account of money won at gambling, and shall order the 
defendant to be committed to jail for three months from the date 
of arrest, at the county's expense, unless the judgment, costs 



638 GAMBLING, LOTTERIES AND POLICY SHOPS. 

and board while in jail, are sooner paid ; after which time, he 
may be released, on giving bond or disclosing, as in case of poor 
debtors. R. S. c. 126, § 8. 

In any such action brought by the loser against the winner, 
the plaintiff may offer to make oath, that such money or goods 
were lost by gambling with the defendant, and the court shall 
thereupon render judgment for the plaintiff for the amount 
thereof, unless the defendant will make oath, that he did not 
obtain any part thereof, by gambling, and if he so discharges 
himself, he shall recover costs ; or the plaintiff may prove his 
case in any other legal mode. R. S. c. 126, § 9. 

All notes, bills, bonds, mortgages, securities or conveyances, 
given in whole or in part for money or goods won by gambling 
or betting on persons gambling, or given to repay money lent or 
advanced for gambling or betting, or lent or advanced at the 
time and place thereof, are utterly void against all persons, 
except bona fide subsequent purchasers of real estate, and hold- 
ers of negotiable paper for a valuable consideration without 
notice. R. S. c. 126, § 10. 

When a person makes oath before a trial justice or judge of a 
municipal or police court that he has reason to suspect and does 
suspect that any tenement or other place is unlawfully used as 
and for a common gambling house, for the purpose of gambling 
for money or other property, or is kept, used or occupied for 
promoting a lottery, or for the sale of lottery tickets, or for pro- 
moting the game known as policy lottery or policy, or for the 
buying or selling of pools or registering of bets upon any race, 
game, contest, act or event, and that persons resort to the same 
for any such purpose, such magistrate, whether the names of the 
persons last mentioned are known to the complainant or not, 
shall issue a warrant commanding the sheriff or any of his dep- 
uties or any constable or police officer to enter such tenement 
or other place, and to arrest the keepers thereof, all persons in 
any way assisting in keeping the same, whether as janitor, door- 
keeper, watchman, or otherwise, all persons who are there found 
participating in any form of gambling and all persons present 
whether so participating or not, if any lottery, policy or pool 
tickets, slips, checks, manifold books or sheets, memoranda of 
any bet, or other implements, apparatus or materials of any 
form of gambling are found in said place, and to take into their 
custody all the implements, apparatus or materials of gambling, 
as aforesaid, and all the personal property, furniture and fixtures 
so that they may be forthcoming before some court or magistrate, 



GAMBLING, LOTTERIES AND POLICY SHOPS. 639 

to be dealt with according to law. All articles and property 
seized under the provisions of this section, or found in the pos- 
session or under the control of any person arrested for keeping 
or assisting in keeping a gambling house or for gambling, shall 
be disposed of in the manner provided in the following section 
for the disposal of counterfeiting and burglars' tools ; and the 
finding in any tenement or other place of any lottery, policy or 
pool tickets, slips, checks, manifold books or sheets, memoranda 
■of any bet, or other implement, apparatus or materials of any 
form of gambling shall be prima facie evidence that said tene- 
ment or other place is occupied, used, kept and resorted to for 
the purpose of gambling. R. S. c. 126, § 11. 

All tools, machines, dies, plates or materials provided for mak- 
ing counterfeit or spurious coin, or for forging bank notes or 
other instruments; all burglars' tools, or implements prepared 
or designed for burglary ; all lottery tickets or materials for a 
lottery or procured for the purpose of a lottery; all gambling 
apparatus or implements for gambling, and all moneys therein 
contained, shall, when the same are found and taken by virtue of 
a search warrant, or are found in the possession or under the con- 
trol of any person arrested for forgery, counterfeiting, burglary, 
selling lottery tickets or gambling, be safely kept by the direc- 
tion of the court or magistrate having cognizance of the case, so 
long as may be necessary for their being used as evidence on any 
trial. All such articles, devices, tools and materials, shall there- 
upon be declared forfeited by said court, and ordered destroyed, 
and shall by order of the court rendering final judgment be 
turned over to the sheriff of the county where the seizure was 
made, or to such of his deputies as the court shall order, by any 
officer competent to serve the process on which they were seized, 
who shall forthwith make return accordingly to said court ; and 
said sheriff, or his said deputy, shall receipt to said officer there- 
for. As soon thereafter as may be said sheriff, or his said deputy 
receiving said forfeited articles, shall burn or otherwise destroy 
them, and make return to said court as to how he executed its 
order; provided, however, that all moneys so seized shall be 
declared forfeited to the county in which they were seized. 
R. S. c. 126, § 12. 



640 PROTECTION OF SHEEP, DOG LICENSES, ETC. 



CHAPTER LXXVIL 



PROTECTION OF SHEEP, DOG LICENSES, MISCHIEVOUS 

DOGS AND BOUNTY ON WOLVES, BEARS 

AND WILDCATS. 

Assessors of taxes shall include in their inventories lists of all 
dogs owned by or in the possession of any inhabitant on the first 
day of April, setting the number and sex thereof opposite the 
names of their respective owners or persons in whose possession 
the same are found, and make a return to the treasurer of state 
of said lists and also of the number of dogs killed as required by 
section seven of this chapter on or before the fifteenth day of 
June following; and if any city or town fail to return to the 
treasurer of state on or before September first of each year, a 
sum of money equal to the license required by this chapter, on 
all dogs living on the first day of June preceding, such deficiency 
shall be collected in the same manner as the state tax of such 
delinquent city or town for the following year. R. S. c. 222, § 2. 

Every owner or keeper, on the first day of April, of a dog 
more than four months old, shall annually before the tenth day 
of said April, cause it to be registered, numbered, described and 
licensed for one year commencing with the first day of April 
aforesaid, in the office of the clerk of the city or town where said 
dog is kept, and shall keep around its neck a collar distinctly 
marked with the owner's name and its registered number, and 
shall pay to said clerk for a license the sum of one dollar and 
fifteen cents for each male dog and for each female dog incapable 
of producing young so kept, and five dollars and fifteen cents for 
each female dog capable of producing young. Any person becom- 
ing the owner or keeper of a dog after the first day of April, 
not duly licensed as herein required, shall within ten days after 
he becomes the owner or keeper of said dog cause said dog to be 
described and licensed as provided above. Every owner or 
keeper of dogs, kept for breeding purposes, may receive annually 
a special kennel license authorizing him to keep said dogs for 
said purpose, provided he keep said dogs within a proper enclos- 



PROTECTION OF SHEEP, DOG LICENSES, ETC. 641 

ure. When the number of dogs so kept does not exceed ten, 
the fee for snch license shall be ten dollars and fifteen cents ; 
when the number of dogs so kept exceeds ten, the fee for such 
license shall be twenty dollars and fifteen cents and no fees shall 
be required for the dogs of such owner or keeper under the age 
of six months. Dogs covered by kennel license shall be exempted 
from the provisions of this section requiring registration, number- 
ing, and collaring. P. L. 1909 c. 222, § 3. 

The clerks of cities and towns shall issue said license and 
receive the money therefor, and pay the same to the treasurer of 
their respective cities or towns within thirty days thereafter, 
retaining to their own use, the sum of fifteen cents for each 
license so issued ; and the said treasurer shall pay the money so 
received to the treasurer of state on or before September first of 
each year who shall credit the same to a fund called "Dog 
Licenses." Such clerks shall keep a record of all licenses issued 
by them, with the names of the owners or keepers of dogs 
licensed, and the sex, registered numbers and description of all 
such dogs; provided, however, that the sex, registered number 
and description shall not be required of dogs covered by a kennel 
license. P. L. 1909 c. 222, § 4. 

The treasurer of each city or town shall keep an accurate and 
separate account of all moneys received and expended by him 
under the provisions of this chapter. P. L. 1909 c. 222, § 5. 

Whoever keeps a dog contrary to the provisions of this act 
shall forfeit ten dollars, five of which shall be paid to the com- 
plainant and five to the treasurer of the town in which the dog 
is kept, and in addition thereto shall pay the cost of prosecution. 
P. L. 1909 c. 222, § 6. 

The mayor of each city and the municipal officers of each town 
or plantation shall annually within ten days from the first day of 
May issue a warrant, returnable on the first day of June follow- 
ing, to one or more police officers or constables, directing them to 
proceed forthwith either to kill or cause to be killed all dogs 
within said city, town or plantation not licensed, collared or 
enclosed according to the provisions of this act, and said con- 
stable or police officer shall or any other person may enter com- 
plaint against the owner or keeper thereof. On the first day of 
June, the mayor of cities and the municipal officers of towns and 
plantations shall issue to one or more police officers or constables 
a warrant returnable on the first Monday of the following Febru- 

41 



642 PROTECTION OF SHEEP, DOO LICENSES, ETC. 

ary, directing said police officers or constables to kill or cause to 
be killed forthwith any dog not licensed or collared according to 
the provisions of this act and to enter complaint against the 
owner or keeper thereof. P. L. 1909 c. 222, § 7. 

Each police officer or constable to whom the warrants named 
in the preceding section are issued, shall return the same at the 
times specified and shall state in their return on each warrant 
the number of dogs killed, the names of the owners and keepers 
thereof, and whether all unlicensed dogs therein have been killed, 
and the names of persons against whom complaints have been 
made under the provisions of this act. Such officers shall receive 
from the city, town or plantation the sum of two dollars for each 
dog killed, and for such other services rendered under the pro- 
visions of this act, they shall receive such compensation as the 
municipal officers may determine. P. L. 1909 c. 222, § 8. 

The secretary of state shall seasonably forward to the clerks 
of the several cities, towns and plantations, copies of the eight 
preceding sections, and each clerk shall annually, at least twenty 
days before the first day of April, post said copies in the usual 
places of posting notices of the annual municipal or town elec- 
tions. P. L. 1909 c. 222, § 9. 

When a dog does damage to a person or his property, his 
owner or keeper, and also the parent, guardian, master or mis- 
tress of any minor who owns such dog, forfeits to the person 
injured the amount of the damage done, provided the said dam- 
age was not occasioned through the fault of the person injured; 
to be recovered by an action of trespass. P. L. 1909 c. 222, § 10. 

Whenever any sheep, lambs, or other domestic animals, owned 
by a resident of this state are killed or injured by dogs, such 
owner may make complaint thereof to the mayor of the city or 
to one of the municipal officers of the town or plantation where 
such damage was done, within seven days after he has knowledge 
of the same, and thereupon the municipal officers shall investi- 
gate the complaint, and if satisfied that the said damage was 
committed by dogs within the limits of their city, town or plan- 
tation, they shall estimate the damage thereof according to the 
full value and fifty per cent additional for which they are kept, 
whether as breeders or for other purposes, and direct that the 
same shall be paid from the town treasury. If the municipal 
officers and the owner of the sheep or domestic animals are 
unable to agree as to the amount of the damage which shall be 
paid the amount shall be determined by three referees to be 



PROTECTION OF SHEEP, DOG LICENSES, ETC. 643 

selected in manner following : One referee to be chosen by the 
municipal officers, one by the owner of the animals injured or 
killed, and the third by the two referees already selected. In 
case one party refuses or neglects to select a referee, the other 
party, after thirty days from the time the notice of the aforesaid 
damage was given or received, shall select two referees, and the 
two selected shall choose the third. The said referees shall sub- 
mit a written report, signed by a majority, within fifteen days from 
the date of their appointment, stating the amount to be paid by 
the town. The report of said referees shall be final and the 
expenses of the referees shall be divided equally between the 
owner of the animals and the town, city or plantation. Any 
town paying such damages caused by dogs may maintain an 
action on the case against the owner or keeper of such dogs to 
recover the amount paid, not exceeding the actual damage com- 
mitted and fifty per cent additional. Any person who keeps a 
dog that kills or injures sheep or lambs shall be fined not less 
than fifty dollars nor exceeding one hundred dollars and costs 
unless before the final disposition of the case, the said owner or 
keeper of the said dog produces satisfactory evidence that the 
dog has been killed. P. L. 1909 c. 222, § 11. 

If any sheep, lambs, or other domestic animals are killed or 
injured by two or more dogs at the same time, kept by two or 
more owners or keepers, the said owners or keepers of said dogs 
shall be jointly and severally liable for such damage. P. L. 1909 
c. 222, § 12. 

When any city, town, or plantation shall have paid damages 
to the owners of sheep, lambs, or other domestic animals, as pro- 
vided in section eleven, for losses caused by dogs, and the amount 
of such damages cannot be collected from the owners or keepers 
of said dogs, or the dog or dogs causing such losses camiot be 
identified, the mayor of such city, or the municipal officers of 
said town or plantation, shall forward to the state auditor a state- 
ment of facts in each case, showing the amount so paid, and the 
state shall reimburse such city, town or plantation to the amount 
of such damage from the fund received by said state under sec- 
tion four, and so much as may be necessary is hereby appro- 
priated to pay the same. P. L. 1909 c. 222, § 13. 

All money received by the treasurer of state as provided in 
section four and remaining unexpended at the end of the year 
shall be credited to the several cities, towns and plantations 
upon their state tax in proportion to the amount each has paid 



644 PBOTECTTON OF SHEEP, DOG LICENSES, ETC. 

into the state treasury under the provisions of this act and so 
much thereof as remains unexpended as aforesaid, is hereby 
appropriated to pay the same ; provided, however, that the amount 
to be refunded to such plantations that are taxed as wild lands 
shall be paid direct to the plantation treasurer instead of being 
credited upon the state tax. P. L. 1909 c. 222, § 14. 

Any mayor, selectman, clerk, constable, or police officer who 
refuses or willfully neglects to perform the duties imposed by 
the fourteen preceding sections shall be punished by a fine not 
less than ten nor more than fifty dollars and costs. P. L. 1909 
c. 222, § 15. 

Whoever steals, injures or confines and secretes any registered 
dog, or kills any such dog, except as provided in section seven- 
teen of this act, and unless such killing be justifiable in the pro- 
tection of person, property or game, shall be liable to the owner 
in a civil action for the full value of the dog. P. L. 1909 c. 222, 
§16. 

Any person may at any time lawfully kill any dog found 
hunting or chasing moose, caribou, or deer, or any dog kept and 
used for that purpose. Any person may lawfully kill a dog 
which suddenly assaults him or another person when peacefully 
walking or riding, or is found worrying, wounding, or killing 
any domestic animal when said dog is outside of the enclosure or 
immediate care of his owner or keeper. P. L. 1909 c. 222, § 17. 

Whoever is so assaulted or finds a dog strolling outside of the 
premises or immediate care of its keeper, and the said dog is not 
safely muzzled may, within forty-eight hours thereafter, make 
written complaint before the municipal or police court having 
jurisdiction in the city or town where its owner or keeper resides, 
or in case there is no court, before a trial justice in said town, 
that he really believes and has reason to believe that said dog is 
dangerous and vicious, whereupon said court or trial justice shall 
order said owner or keeper to appear and answer to said com- 
plaint by serving said owner or keeper of said dog with a copy 
of said complaint and order a reasonable time before the day set 
for the hearing thereon ; and if upon hearing, the court or trial 
justice is satisfied that the complaint is true, he shall order the 
dog to be killed and the owner or keeper shall pay the costs. 
P. L. 1909 c. 222, § 18. 

If a dog, whose owner or keeper refuses or neglects to comply 
with said order, wounds any person by a sudden assault as afore- 
said, or wounds and kills any domestic animal, the owner or 



PROTECTION OF SHEEP, DOG LICENSES, ETC. 645 

keeper shall pay the person injured treble damages and costs, to 
be recovered by an action on the case. P. L. 1909 c. 222, § 19. 

Dogs kept in unorganized plantations shall be licensed by their 
owners or keepers in the oldest adjoining plantation or town. In 
case there is no adjoining town or plantation, said dogs shall be 
licensed in the nearest town or plantation. P. L. 1909 c. 222, 
§ 20 - 

For the purposes of this act, all trial justices, municipal and 
police courts shall have concurrent jurisdiction with the superior 
and supreme judicial court. All actions shall be by complaint 
or indictment unless otherwise specified. All fines imposed 
shall be paid into the treasury where the offense is committed 
and shall be used for the benefit of the town unless otherwise 
provided. P. L. 1909 c. 222, § 21. 

Whoever willfully or maliciously kills, wounds, maims, dis- 
figures or poisons any domestic animal, or dog, or exposes any 
poisonous substance with intent that the life of such animal 
should be destroyed thereby, shall be punished by imprisonment 
for not more than four years, or by fine not exceeding five hun- 
dred dollars. P. L. 1909 c. 208. 

Whoever for the purpose of killing wolves, foxes, dogs or 
other animals, and not for the destruction of insects or vermin 
in a building, leaves or deposits in any place any arsenic, corro- 
sive sublimate, nux vomica, strychnine, prussic acid, or any other 
poison or poisonous substance, shall be fined not less than twenty 
nor more than fifty dollars, or be imprisoned not less than thirty 
nor more than sixty days. P. L. 1909 c. 134. 



CHAPTER LXXVIII. 



BURYING GROUNDS. 

Persons of lawful age may incorporate themselves for the pur- 
pose of purchasing land for a burying ground, as provided in 
sections one and two of chapter fifty-seven, and may proceed in 
the manner and with the powers provided in section three of 
said chapter. R. S. c. 20, § 1. 

Such corporation, within one year after its organization, shall 
make a substantial fence around the burying ground, and keep 



Q±6 BURYING GROUNDS. 

it constantly in repair, under a penalty not exceeding one hun- 
dred dollars ; which shall be expended under the direction of the 
municipal officers in keeping the fence in repair. R. S. c. 20, § 2. 

Each town, parish, religious society and any individuals, asso- 
ciation or corporation to which any ancient or public burying 
ground belongs, shall keep a substantial fence around it in good 
repair; and for neglect shall forfeit not exceeding one hundred 
dollars to be applied as prescribed in the preceding section by 
such officers of such town, or the officers or committee of such 
parish or society, or by such individuals, association or corpora- 
tion. R. S. c. 20, § 3. 

If such officers, treasurer or committee, neglect so to apply 
such fines, they each forfeit the amount thereof, in an action of 
debt to any person suing therefor. R. S. c. 20, § 4. 

When any persons appropriate for a burying ground a piece 
of land containing not more than half an acre, it sball be exempt 
from attachment and execution, and inalienable and indivisible 
by the owners without the consent of all ; and be kept fenced 
or otherwise substantially marked, and occupied as a burying 
ground ; and they shall cause a written description of it, under 
their hands, attested by two disinterested witnesses, to be recorded 
in the registry of deeds in the county or district where it lies, or 
by the clerk of the town where it is situated. R. S. c. 20, § 5. 

When a person appropriates for a family burying ground a 
piece of land containing not more than one-fourth of an acre, 
causes a description of it to be recorded in the registry of deeds 
of the same county, or by the clerk of the town where it is situ- 
ated, and substantially marks the bounds thereof or encloses it 
with a fence, it shall be exempt from attachment and execution ; 
and no subsequent conveyance of it shall be valid, while any 
person is interred therein; but it shall remain to him and his 
heirs as a burial place forever. R. S. c. 20, § 6. 

Lots in public or private cemeteries are exempt from attach- 
ment and levy on execution, and from liability to be sold by 
executors and administrators of insolvent estates, for the pay- 
ment of debts and charges of administration. But only one lot 
is so exempt for any one person. R. S. c. 20, § 7. 

The municipal officers of any town, may on petition of ten 
voters, enlarge any public cemetery or burying ground or incor- 
porated cemetery or burying ground within their town by taking 
land of adjacent owners, to be paid for by the town or otherwise 
as the municipal officers may direct, when in their judgment pub- 



BURYING GROUNDS. 647 

lie necessity requires it, provided, that the limits thereof shall 
not be extended nearer any dwelling-house or well from which 
the water is used for domestic purposes within twenty-five rods, 
against the written protest of the owner, made to said officers at 
the time of the hearing on said petition. Nor shall any person, 
corporation or association establish, locate or enlarge any ceme- 
tery or burying ground by selling or otherwise disposing of land, 
so that the limits thereof shall be extended nearer any dwelling- 
house or well within twenty-five rods, against the written protest 
of the owner, provided, that nothing in this section shall prohibit 
the sale or disposition of lots within the limits of any existing 
cemetery or burying ground, nor the extension thereof away 
from any dwelling-house or well. R. S. c. 20, § 8. 

Notice of a time and place for said hearing shall be given by 
posting written notices thereof, signed by said officers at least 
seven days prior thereto, in two public places in said town ; and 
a copy of such notice and of the petition shall be served on the 
owners of the land at least ten days before the day of hearing. 
R. S. c. 20, § 9. 

If the municipal officers at such hearing grant the prayer of 
the petitioners, they shall then determine what land shall be 
taken, and assess the damages suffered by each person thereby, 
make a written 'return of their proceedings, specifying the land 
taken and the damages awarded each person, and file the same 
with the town clerk ; and such cemetery or burying ground shall 
not be enlarged, pursuant to such return, until so voted by the 
town at its next annual meeting. R. S. c. 20, § 10. 

Any person aggrieved by the amount of damages awarded, 
may have them determined by written complaint to the supreme 
judicial court in the manner provided respecting damages for the 
establishment of town ways. R. S. c. 20, §11. 

Any private cemetery or burying ground, by written agree- 
ment of all the owners thereof, recorded by the clerk of the 
town in which it is situated, may, by vote of such town within 
one month after the recording of such agreement by the town 
clerk, become public, and subject to the law relating to public 
cemeteries or burying grounds ; provided, that such agreement is 
not in conflict with the terms of any conveyance or devise of 
land for the purposes of a burying ground. R. S. c. 20, § 12. 

Any city, town, cemetery corporation, trust company or trus- 
tee may accept any conveyance of land not exceeding half an 
acre, to be forever held, kept and used for a private or family 



648 BUEYTN'G GEOrXDS. 

burying ground for the grantors and such of their heirs and rela- 
tives by blood or marriage as the conveyance shall designate. 
Such lot and all erections thereon, including the erection and 
maintenance of the same, and fixtures thereto suitable for its use 
or adornment as a burying ground, are forever inalienable and 
indivisible, and exempt from liability for debt. Such city, town, 
corporation, company or trustee may also accept and forever hold 
any donation or legacy for insuring proper care and attention to 
any burial lot or ground and the avenues thereof and the monu- 
ments thereon. Having accepted such donation or legacy, said 
trustee becomes bound to perform the duties appertaining to the 
trust as specified in the writing creating the same, or, in default 
of such specification, as required by law, and as in cases of pub- 
lic charity. Any city or town without giving bond therefor may 
be appointed by the probate court, testamentary trustee for the 
purpose of holding forever in accordance with the provisions of 
this section and the terms of the devise any fund devised for the 
purposes aforesaid, in any will probated after January one, eight- 
een hundred and ninety-two. R. S. c. 20, § 13. 

Every trust fund authorized by the preceding section shall be 
safely invested in United States, state, county, city or town 
securities, or deposited in savings banks : and the annual income 
onlv. shall be expended in performance of the requirements of 
the trust. R. S. c. 20, § 14. 

A copy of the record of the vote of the trustee so accepting 
a conveyance of lands shall be indorsed on the conveyance and 
certified thereon by the clerk of the grantee, and recorded in the 
registry of deeds with the conveyance. R. S. c. 20, § 15. 

Any person owning or interested in a lot in a public burying 
ground of a city or town, may deposit with the treasurer of such 
city or town, a sum of money not exceeding five hundred dollars, 
for the purpose of providing for the preservation and care of 
such lot, or its appurtenances, which sum shall be entered upon 
the books of the treasurer, and held in accordance with the pro- 
visions of the ordinances or by-laws of such city or town, in 
relation to burials. R. S. c. 20, § 16. 

A city or town may pass such ordinances or by-laws, as may 
be necessary for the purposes of the preceding section and not 
repugnant to law. and may receive such money for said purposes, 
and may allow interest thereon, at a rate not exceeding six per 
cent a year. R. S. c. 20, § IT. 

When any person owning or interested in a lot in a public 



BURYING GROUNDS. 649 

burying ground in a city or town deposits with the treasurer of 
such city or town, a sum of money for the preservation or care 
of such lot as provided by the preceding section, said city or 
town may accept a conveyance of such lot for the uses and upon 
the trusts which may be set forth in said conveyance, and may 
bind itself to keep and perform the agreements, uses and trusts 
contained in the deed of conveyance of such lot. R. S. c. 20, 
§18. 

Any seven or more persons may be incorporated in the man- 
ner provided in sections one and two of chapter fifty-seven, for 
the purpose of owning, managing and protecting lands and their 
appurtenances appropriated for public cemeteries ; and the prop- 
erty of such corporations and the shares of stock therein, are 
exempt from attachment and taxation. R. S. c. 20, § 19. 

Deeds of burial lots in any public cemetery may be recorded 
in the registry of deeds for the county or district where such 
cemetery is situated. R. S. c. 20, § 20. 

Whoever willfully destroys, or injures any tomb, gravestone, 
monument, or other object placed or designed as a memorial of 
the dead, or any fence, railing, or other thing placed about or 
inclosing a burial place ; or willfully injures, removes, or destroys 
any tree, shrub, or plant within such inclosure, shall be punished 
by imprisonment for less than one year, or by fine not exceeding 
five hundred dollars. R. S. c. 125, § 33. 

If an officer takes the body of a deceased person by writ or 
execution, he shall be punished by fine not exceeding five 
hundred dollars, and by imprisonment for not more than six 
months. R. S. c. 125, § 31. 

Whoever, without permission of the board of health, munici- 
pal officers, or overseers of the poor of a town, therein willfully 
digs up or removes any human body or its remains from its place 
of burial, or aids in so doing; knowingly receives, conceals, or 
disposes of the same, or unnecessarily and indecently exposes, 
throws away, or abandons a human body or its remains in any 
public place, river, stream, or elsewhere, shall be punished by 
imprisonment for not less than one nor more than five years, or 
by fine not exceeding three thousand dollars ; but any physician, 
surgeon, or medical student may have in his possession or use 
human bodies, or parts thereof lawfully obtained, for anatomical 
or physiological investigation and instruction. R. S. c. 125, 
§ 32. 



650 DEAD HUMAN BODIES. 



CHAPTER LXXIX. 



DEAD HUMAN BODIES. 

If any resident of the state, requests or consents that after his 
death, his body may be delivered to a regular physician or 
surgeon, for the advancement of anatomical science, it may be 
used for that purpose, unless some kindred or family connection 
makes objection. R. 8. c. 17, § 1. 

The professors of anatomy, the professors of surgery and the 
demonstrators of anatomy in the medical schools of the state, 
which are now or may hereafter become incorporated by act of 
the legislature, shall be and are hereby constituted a board for 
the collection, distribution and delivery of dead human bodies 
hereinafter described, to and among such persons as under the 
provisions of this chapter are entitled thereto. The said board 
shall have full power to establish rules and regulations for its 
government, and to appoint and remove officers, and shall keep 
full and complete minutes of its transactions, and records shall 
also be kept under its direction of all bodies received and dis- 
tributed by said board, and of the persons to whom the same are 
distributed, which minutes and records shall be open at all times 
to the inspection of each member of said board, the attorney gen- 
eral and the county attorney of any county within the state. 
R. S. c. 17 § 2. 

All public officers, agents and servants of any and every 
county, city, town and other municipality, and of any and every 
almshouse, prison, morgue, hospital or any other public institu- 
tion having charge or control over dead human bodies required 
to be buried at the public expense, are hereby required to notify 
immediately the said board of distribution, or such person or 
persons as may from time to time be designated by said board, 
or its duly authorized officer or agent, whenever any such body 
or bodies come into his or their possession, charge or control, and 
shall, without fee or reward, deliver such body or bodies to said 
board, or its duly authorized officer or agent, and permit and suf- 
fer the board or its agents, or the physicians and surgeons from 



DEAD HUMAN BODIES. 651 

time to time designated by it or them, who comply with the pro- 
visions of this chapter, to take and remove any and all such 
bodies to be used within the state for the advancement of medi- 
cal education ; but no such notice need be given and no such 
body shall be delivered, if any person, satisfying the authorities 
in charge of said body that he or she is a member of the family 
of or next of kin to the deceased, shall claim the body for burial, 
but it shall be surrendered to him or her for interment, and no 
notice shall be given and no body delivered to said board or its 
agents, if such deceased person was a traveler and not a vaga- 
bond, who died suddenly, in which case the said body shall be 
buried. R. S. c. 17, § 3. 

Said board or its duly authorized agent may take and receive 
such bodies, so delivered as aforesaid, and shall upon receiving 
them after seven days from the date of decease distribute and 
deliver them to or among the schools, physicians and surgeons 
aforesaid in the following manner. Those schools needing bodies 
for lectures and demonstrations shall first be supplied as fast as 
practicable, the number assigned to each to be based upon the 
number of students in actual attendance, which number shall be 
returned to the board at such times as it shall direct. The 
board of distribution may from time to time designate physicians 
or surgeons who shall receive said bodies, applications to be con- 
sidered in the order of their receipt by said board. R. S. c. 17, 

§4- 

The said board may employ a carrier or carriers for the con- 
veyance of said bodies, and the said bodies shall be well enclosed 
within a suitable encasement, and carefully deposited free from 
public observation. Said carrier shall obtain receipts by name, 
or, if the deceased is unknown, by a description, for each body 
delivered by him, which receipt shall state the source from which 
said body was received, and shall deposit said receipts with the 
secretary of said board. R. S. c. 17, § 5. 

No school, physician or surgeon shall be allowed or permitted 
to receive any such body or bodies until a bond shall be given to 
the treasurer of state by such physician or surgeon, or by and in 
behalf of such school, to be approved by a justice of a court of 
record in and for the county in which such physician or surgeon 
resides, or in which such school is situated ; such bond shall be 
in the penal sum of one thousand dollars, conditioned that all 
such bodies which the said physician or surgeon, or the said 
school shall receive thereafter shall be used only for the pro- 
motion of medical education within the state, and, when no 



652 • DEAD HUMAN BODIES. 

longer needed for such educational purposes, shall be decently 
buried ; said bond shall be examined annually in the month of 
December, by the treasurer of state, and he shall certify in writ- 
ing upon each bond in his possession, his approval of the same ; 
in case any bond is not approved by him, he shall immediately 
notify the party giving the same, who shall forthwith file a new 
bond as hereinbefore provided ; whosoever shall sell or buy such 
body or bodies, or in any way traffic in the same, or shall trans- 
mit or convey such body or bodies to any place outside of the 
state, or cause the same to be done, shall be liable to a fine not 
exceeding two hundred dollars, or to imprisonment for not more 
than one year. R. S. c. 17, § 6. 

Neither the state nor any county or municipality, nor any offi- 
cer, agent or servant thereof, shall be at any expense by reason 
of the delivery or distribution of any such body, but all the 
expenses thereof, and of said board of distribution, shall be paid 
by those receiving the bodies, in such manner as shall be speci- 
fied by said board of distribution. R. S. c. 17, § 7. 

Any person having duties enjoined upon him by the provisions 
of the six preceding sections, who shall neglect, refuse or omit 
to perform the same as required by the provisions of said sec- 
tions, shall, on conviction thereof, be liable to a fine of not less 
than one hundred, nor more than five hundred dollars for each 
offense. R. S. c. 17, § 8. 

Whoever, without permission of the clerk of a town, therein 
willfully digs up or removes any human body or its remains 
from its place of burial, or aids in so doing ; knowingly receives, 
conceals or disposes of the same, or unnecessarily and indecently 
exposes, throws away or abandons a human body or its remains 
in any public place, river, stream or elsewhere, shall be punished 
by imprisonment for not less than one, nor more than five years, 
or by fine not exceeding three thousand dollars : but any physi- 
cian, surgeon or medical student, may have in his possession or 
use human bodies or parts thereof lawfully obtained, for anatom- 
ical or physiological investigation and instruction. R. S. c. 125, 
§32. 

Except as provided in section twenty-three of chapter sixty- 
one of revised statutes, no interment or disinterment of the dead 
body of any human being, or disposition thereof in any tomb, 
vault or cemetery, shall be made without a permit as aforesaid, 
from the clerk of the town or city where said person died, or in 
case of disinterment, is buried, nor otherwise than in accordance 



DEAD HUMAN BODIES. 653 

with such permit. No undertaker or other person shall assist in, 
assent to or allow any such interment or disinterment to be made, 
except as provided in section twenty-three, until such permit has 
been given as aforesaid ; and every undertaker or other person 
having charge of any burial place as aforesaid, who shall receive 
such permit, shall preserve and return the same to the clerk of 
the town in which the death occurred within six days after the 
day of burial. P. L. 1909, c. 75, § 4, amending R. S. c. 61, 
§28. 

The town or city clerk may appoint two suitable and proper 
persons, in each town or city, as sub-registrars, who shall be 
authorized to issue burial permits based upon a death certificate, 
as hereinbefore provided, in the same manner as is required of 
the town or city clerk; and the said death certificate, upon which 
the permit is issued shall be forwarded to the town clerk within 
six days after receiving the same, and all permits by whomsoever 
issued shall be returned to the town clerk as required by section 
twenty-eight. The appointment of sub-registrars shall be made 
with reference to locality, so to best suit the convenience of the 
inhabitants of the town, and such appointment shall be in writ- 
ing and recorded in the office of the town or city clerk, and the 
sub-registrars in any town shall hold office at the pleasure of the 
town clerk. P. L. 1909, c. T5, 8 5. 



CHAPTER LXXX. 



EMPLOYMENT AGENCIES. 

No person shall open, keep or carry on any employment 
agency unless he shall first procure from the municipal officers 
of the city or town where said ag'ency is to be located a license 
for the same, which license shall be issued by the municipal offi- 
cers upon the payment of twenty dollars for the use of said city 
or town. Such license shall be signed by one or more of the 
municipal officers and shall be issued for the term of one year 
from its date and shall apply only to the person to whom it is 
issued. P. L. 1907 c. 84, § 1. 

Every person applying for a license as provided in the preced- 
ing section shall file with the said municipal officers a bond in 



654 EMPLOYMENT AGENCIES. 

favor of the inhabitants of the city or town wherein snch appli- 
cation is made in the sum of five hundred dollars, with surety 
approved by the municipal officers, conditioned that the obligor 
shall not violate any of the provisions of this act. The munici- 
pal officers are hereby given authority, after such notice and hear- 
ing as they may deem necessary, to revoke the license of any 
person, when, in their judgment, said licensed person has vio- 
lated any of the provisions of this act. The decision of the 
municipal officers shall be final. P. L. 1907 c. 84, § 2. 

Every licensed person shall give to each applicant for employ- 
ment from whom a fee or other valuable thing shall be received 
for procuring such employment, which fee or other valuable 
thing shall in no case exceed the value of one dollar, said fee 
being in full compensation for all services of said licensed per- 
son, a receipt in which shall be stated the name of the applicant, 
the amount of the fee or other valuable thing, the date, the name 
or nature of the employment or situation to be procured and a 
separate receipt in which shall be stated the name and address 
of the person, firm or corporation, to whom the applicant is 
referred or sent for work or employment. If the applicant does 
not obtain a situation or employment through the agency of such 
licensed person, without fault on the part of said applicant, 
within six days after the application as aforesaid, said employ- 
ment agency shall return to the said applicant on demand the 
full amount of fee or other valuable thing so paid and delivered 
by said applicant to said licensed person. If a person procuring 
a position through the agency, as aforesaid, is discharged from 
his employment within six days after entering therein, without 
cause or if he shall leave said employment within said six days 
without fault on the part of the employer, the amount paid to 
said agency by either the employer or the employee, shall be 
returned to the party paying the same, upon demand made 
within ten days after said employee ceases to labor, provided the 
party claiming said return shall be the one without fault. Said 
employment agency shall exhibit in a public and conspicuous 
place in his place or office the license which he has obtained from 
the municipal officers of the city or town wherein said agency is 
established. P. L. 1907 c. 84, § 3. 

The term "person" in this act shall include persons, company, 
society, association, firm or corporation and the term "employ- 
ment agency" shall include the business of keeping the intelli- 
gence office, employment bureaus or other agencies by procuring 
work or employment for persons seeking employment, or for act- 



EMPLOYMENT AGENCIES. 655 

ing as agent for procuring such work or employment where a 
fee or other valuable thing is exacted, charged or received, or for 
procuring or assisting to procure employment, work or a situa- 
tion of any kind or for procuring or providing hereby for any 
person. P. L. 1907 c. 84, § 4. 

This act shall not apply to the employment of seamen, nor 
shall the provisions of sections two and three hereof apply to 
teachers' agencies. P. L. 1909 c. 13, § 5. 

Whoever violates any of the provisions of this act shall be 
fined not less than ten or more than one hundred dollars to be 
recovered by complaint or indictment for the use of the state. 
P. L. 1909 c. 13, § 7. 

No license shall be granted to a person who is directly or indi- 
rectly engaged in or interested in the sale of intoxicating liquors. 
K. S. c. 37, § 6. 



CHAPTER LXXXL 



ENGINES. 

No stationary, gasoline or steam engine shall be erected in a 
town until the municipal officers have granted license therefor, 
designating the place where the buildings therefor shall be 
erected, the materials and mode of construction, the size of the 
boiler and furnace, and such provision as to height of chimney or 
flues, and protection against fire and explosion, as they judge 
proper for the safety of the neighborhood. Such license shall be 
granted on written application, recorded in the town records, 
and a certified copy of it furnished, without charge, to the appli- 
cant. R. S. c. 22, § 18; 65 Me. 426, 435; 80 Me. 488 ; 75 
Me. 378. 

When application is made for such license, said officers shall 
assign a time and place for its consideration, and give at least 
fourteen days' public notice thereof, in such manner as they 
think proper, at the expense of the applicant. Any person 
aggrieved by the decision of the selectmen of towns, in granting 
or refusing such license, may appeal therefrom to the next term 
of the supreme judicial court held in said county, which court 



656 ENGINES. 

may appoint a committee of three disinterested persons, as is 
provided in relation to appeals from location of highways. Said 
committee shall be sworn and give fourteen days' notice of the 
time and place of their hearing to the parties interested, view 
the premises, hear the parties, and affirm, reverse or annul the 
decision of said selectmen, and their decision shall be final. 
Pending such appeal from granting such license, the supreme 
judicial court in equity may enjoin the erection of such building 
and engine. R. S. c. 22, § 19 ; 80 Me. 488. 

Any such engine erected without a license shall be deemed a 
common nuisance without other proof than its use. R. S. c. 22,, 
§ 20 ; 65 Me. 435 ; 75 Me. 378 ; 80 Me. 490. 

Said officers have the same authority to abate and remove an 
engine, erected without license, as is given to the local board of 
health or health officer in chapter eighteen of the revised stat- 
utes. R. S. c. 22, § 21: 65 Me. 435 ; 75 Me. 379. 

No person or corporation shall manufacture, sell, use, or cause 
to be used except as hereinafter provided, any steam boiler in 
this state unless it is provided with a fusible safety plug, made 
of lead for boilers carrying steam pressure above fifty pounds 
per square inch, and of tin for boilers carrying steam pressure of 
fifty pounds and less per square inch, and said safety plug shall 
be not less than one-half inch in diameter, and shall be placed in 
the roof of the fire box when a fire box is used, and in all cases 
shall be placed in the part of the boiler fully exposed to the 
action of the fire, and as near the surface line of the water as- 
good judgment shall dictate, excepting in cases of upright tubu- 
lar boilers, when the upper tube sheet is placed above the sur- 
face line of the water, which class of boilers shall be exempted 
from the provisions of this section. R. S. c. 22, § 22. 



CHAPTER LXXX1L 



EXPLOSIVES AND FIREARMS. 

In every town, the municipal officers may make regulations, in 
conformity to which shall be kept in the town or transported 
from place to place all gunpowder, petroleum, coal oils, burning 
fluids, naphtha, benzine and all other explosive and illuminating 



EXPLOSIVES AND FIREARMS. 657 

substances which such officers adjudge dangerous to the lives or 
safety of citizens ; and no person shall keep any such article in 
any quantity or manner, than is prescribed in such regulations, 
under a penalty of not less than twenty nor more than one 
hundred dollars for each offense ; all such articles may be seized 
by any of said officers as forfeited ; and within twenty days after 
such seizure may be libeled according to law. R. S. c. 28, § 20. 

If any person manufactures gunpowder, or mixes or grinds 
the composition therefor, in any building within eighty rods of 
any valuable building not owned by such person or his lessor, 
which was erected when such business was commenced, the 
former building shall be deemed a public nuisance ; and such 
person may be prosecuted accordingly. R. S. c. 22, § 9. 

Whoever sells, or offers for sale crackers, squibs, rockets or 
other fireworks, or fires or throws the same in any town, without 
the license of the municipal officers thereof, shall be fined not 
exceeding ten dollars, to the use of such town. R. S. c. 129, § 18. 

Whoever has in his possession a toy pistol for the explosion 
of percussion caps or blank cartridges, with intent to sell it, or 
sells or offers to sell or give it away, shall be fined not less than 
five, nor more than one hundred dollars, and shall be liable for 
all damages resulting from such selling or giving away, to be 
recovered in an action on the case. R. S. c. 129, § 19. 

It shall not be lawful for any person or persons to sell any 
gunpowder, which may at the time be within the city of Port- 
land, in any quantity, by wholesale or retail, without having 
first obtained from the mayor and aldermen of said city, a license 
to sell gunpowder ; and every license shall be written or printed, 
and duly signed by the mayor, on a paper, upon which shall be 
written or printed a copy of the rules and regulations established 
relative to keeping, selling and transporting gunpowder within 
the said city ; and every such license shall be in force for one 
year from the date thereof, unless annulled by the mayor and 
aldermen, and no longer; but such license may, prior to its 
expiration, be renewed by an endorsement thereon by the mayor 
for the further term of one year, and so from year to year ; 
provided, always, that the mayor and aldermen may rescind or 
annul any such license, if, in their opinion, the person or persons 
licensed have disobeyed the law, or infringed any rule or regula- 
tion established by the mayor and aldermen. P. L. 1833, 
c. 337, § 1. 

42 



658 EXPLOSIVES AND FIREARMS. 

Every person who shall receive a license to sell gunpowder, as 
aforesaid, shall pay for the same to the treasurer of the city, the 
sum of five dollars, and every person on having a license 
renewed, shall pay to said treasurer the sum of one dollar. And 
any person or persons licensed to keep and sell gunpowder, as 
aforesaid, shall place and constantly keep in a conspicuous place 
over or at the side of the front door of the building in which 
powder is kept for sale, a sign, on which shall be inscribed in 
plain, legible letters, the words following, viz. : "Licensed to 
keep and sell gunpowder." P. L. 1833, c. 337, § 2. 

The mayor and aldermen of the city of Portland are author- 
ized to make and establish rules and regulations, from time to 
time, relative to the times and places at which gunpowder may 
be brought to or carried from said city, by land or water, and 
the time and manner in which the same may be transported 
through said city, and prescribe the kind of carriage, boat or 
vehicle, in which the same may be brought to, transported 
through, or carried from said city. Provided, hozvever, that said 
rules and regulations shall not be applied to any person or per- 
sons, excepting inhabitants of the city of Portland, until personal 
notice shall have been given of the existence of said rules and 
regulations. P. L. 1833, c. 33T, § 3. 

If any gunpowder, kept contrary to the provisions of this act, 
or contrary to the terms and conditions of any such license, or 
to any rules and regulations established or to be established, by 
the mayor and aldermen, as aforesaid, shall explode in any shop, 
store, dwelling-house, warehouse, or other building, or in any 
other place in said city, the tenant, occupant, or owner of said 
shop, store, dwelling-house, warehouse, or other building or 
place, shall pay a fine of not less than fifty nor more than three 
hundred dollars, one moiety thereof to the use of the poor of 
said city, and the other moiety to the use of the person who may 
sue therefor, to be recovered by action of debt. P. L. 1833, c. 
337, § 4. See laws of nineteen hundred and nine, chapter fifty- 
two, authorizing the governor to prevent the use of firearms in 
forests during dry seasons. 

It shall be unlawful for any person to sell, offer for sale, use 
or have in his possession, any gun, pistol or other firearm, fitted 
or contrived with any device for deadening the sound of explo- 
sion. Whoever violates any of the provisions of this act shall 
forfeit such firearm or firearms and the device or silencer, and 
shall further be subject to a fine not exceeding one hundred dol- 



EXPLOSIVES AND FIREARMS. 659 

lars, or to imprisonment not exceeding sixty days, or to both fine 
and imprisonment. Any sheriff, deputy sheriff, constable, inland 
fish and game warden or deputy inland fish and game warden 
shall have authority to seize any firearm or firearms and any 
device or silencer found in possession of any person in violation 
of this act, and on conviction of the party from whom such fire- 
arm or firearms are seized, such firearm or firearms shall be sold, 
the proceeds to be paid to the state treasurer, and the device or 
silencer shall be destroyed. P. L. 1909 c. 129, § 1. 

This act does not apply to military organizations authorized 
by law to bear arms, or to the national guard in the performance 
of its duty. P. L. 1909 c. 129, § 2. 

In all prosecutions arising under this act, municipal and police 
courts and trial justices in their respective counties shall have 
upon complaint original and concurrent jurisdiction with the 
supreme judicial and the superior courts, and all fines, penalties 
and forfeitures recovered by any person for any violation of this 
act shall be paid forthwith by the person receiving the same to 
the state treasurer, to be credited to fines and license fees for the 
protection of birds and game. P. L. 1909, c. 129, § 3. 



CHAPTER LXXXIII. 



FENCES AND COMMON FIELDS. 

All fences four feet high and in good repair, consisting of 
rails, timber, boards, stone walls, iron or wire, and brooks, rivers, 
ponds, creeks, ditches and hedges, or other things which in the 
judgment of the fence viewers having jurisdiction thereof are 
equivalent thereto, are legal and sufficient fences ; provided, how- 
ever, that no barbed wire fence shall be accounted legal and suffi- 
cient, unless it is protected by an upper rail or board of wood, 
and no division fence built after March twenty-six, eighteen 
hundred and ninety-seven within thirty rods of any dwelling- 
house in the construction of which barbed wire is used, shall be 
accounted legal and sufficient, except by mutual written consent 
of the adjoining owners. R. S. c. 26, § 1. 

The occupants of lands inclosed with fences shall maintain 
partition fences between their own and the adjoining inclosures 



660 FENCES AND COMMOM FIELDS. 

in equal shares, while both parties continue to improve thern. 

R. S. c. 26, § 2. 

If any party neglects or refuses to repair or rebuild any such 
fence, which he is legally required to maintain, the aggrieved 
party may complain to two or more fence viewers of the town 
where the land is situated, who, after due notice to such delin- 
quent, shall proceed to survey it, and if they determine that it 
is insufficient, they shall signify it in writing to the delinquent 
occupant, and direct him to repair or rebuild it within such time 
as they judge reasonable, not exceeding thirty days. If the fence 
is not repaired or rebuilt accordingly, the complainant may make 
or repair it. R. S. c. 26, § 3. 

Form of Complaint. 

To A. B. and C. D., fence viewers of the town of , in the county 

of : 

Complains E. F., of said , that G. H., the occupant of a tract of land 

adjoining that improved by your complainant, has failed to build and repair 
that part of the fence between our respective adjoining inclosures which of 
right he ought to maintain, which portion of fence, heretofore divided 

between us, begins at and ends at . Wherefore your complainant 

prays that you would, after notice, proceed to survey the same, and further 
to do what justice and law require. 

Dated at , this day of , 19 — . 

E. F. 

Form of Notice to Repair, after Survey, by the Fence Viewers. 
To G. H., of , in the county of : 

Whereas complaint has been made to us, the subscribers, fence viewers 

of the town of , in said county, on the , by E. F., of said , to 

survey the fence between the land of E. F. and yourself, situate in said 

, beginning at and ending at , which has been heretofore 

divided between you; upon which complaint we appointed , the 

day of , at o'clock A. M., at the , as the time and place of 

hearing, and caused you to be duly notified thereof; and having attended 
and examined said fence, and heard the parties and their evidence, we 

determine that the part of said fence, beginning at and ending at , 

which you are bound to keep in repair, is insufficient; and direct you to 
cause the same to be put in good repair within thirty days from the date 
hereof. 

Given under our hand, this day of , A. D. 19 — . 

J K / 

y' ,r" > Fence Viewers of . 

When the complainant has completed such fence, and after 
notice given, it has been adjudged sufficient by two or more of 



FENCES AND COMMON FIELDS 661 

the fence viewers, and the value thereof, with the fence viewers' 
fees, certified under their hands, he may demand of the occupant 
or owner of the land, where the fence was deficient, double the 
value and fees thus ascertained ; in case of neglect or refusal for 
one month after demand, he may recover the same by an action 
on the case, with interest at the rate of one per cent a month, 
and if the delinquent owner or occupant repairs or rebuilds such 
fence without paying the fees of the fence viewers, certified by 
them, double the amount thereof may be recovered by the com- 
plainant as herein provided. R. S. c. 26, § 4. 

When the occupants or owners of adjacent lands disagree 
respecting their rights in partition fences and their obligation to 
maintain them, on application of either party, two or more fence 
viewers of the town where the lands lie, after reasonable notice 
to each party, may in writing under their hands assign to each 
his share thereof, and limit the time in which each shall build or 
repair his part of the fence, not exceeding thirty days. Such 
assignment and all other assignments of proprietors of partition 
fences herein provided for, recorded in the town clerk's office, 
shall be binding upon the parties, and they shall thereafter main- 
tain their part of said fence. If such fence has been built and 
maintained by the parties in unequal proportions, and the fence 
viewers adjudge it to be good and sufficient, they may, after 
notice as aforesaid, in writing under their hands, award to the 
party who built and maintained the larger portion, the value of 
such excess, to be recovered in an action on the case against the 
other party, if not paid within six months after demand. Parties 
to assignments under the provisions hereof shall pay the fees of 
the fence viewers certified under their hands, in equal propor- 
tions, and if either party neglects to pay his proportion within 
one month after demand, the party applying to the fence viewers 
may pay the same and recover of said delinquent party, in an 
action on the case, double the amount of his said proportion 
thereof. R. S. c. 26, § 5. 

Form of Notice. 

To Mr. , of the town of : 

Whereas has made application to us, fence viewers of the town of 

, stating that a disagreement has arisen between him and you respect- 
ing your rights in and your obligations to maintain a partition fence between 

your land and the land of said ; we therefore notify you that we shall 

be at , on the day of , at o'clock, to assign to each party 

his share of said fence, at which time and place you will attend. 

Dated at , 19—. N. C, ) „ „. 

P O ( *ence T icwers. 



662 FENCES AND COMMON FIELDS. 

Form of Assignment. 

Whereas a disagreement has arisen between A. B., of , and C. D., of 

, respecting their rights in a partition fence and obligation to maintain 

the same; and whereas we, the subscribers, fence viewers of the town of 

, upon application to us by said , have given reasonable notice to 

each party to attend at the time and place when and where the assignment 
should be made; wherefore, having viewed the premises, we do hereby 
assign to each of said parties his share of said fence, to wit: 

The said shall , etc. 

Given under our hands, this day of , 19 — . 

■p C ) 

T ' jj"' > Fence Viewers. 

If any party refuses or neglects to build and maintain the part 
thus assigned him, it may be done by the aggrieved party ; who 
is entitled to double the value and expenses, to be ascertained, 
and recovered as provided in section four, and shall have a lien 
therefor on the land owned or occupied by the party neglecting 
or refusing to build or maintain the partition fence assigned to 
him by the fence viewers, to be enforced by attachment made 
within one year from the day of division by them. R. S. c. 26, 

§6- 

All division fences shall be kept in good repair throughout 
the year, unless the occupants of adjacent lands otherwise agree. 
R. S. c. 26, § 7. 

When in the opinion of the fence viewers having jurisdiction 
of the case, it is, by reason of natural impediments, impracticable 
or unreasonably expensive to build a fence on the true line 
between adjacent lands, and the occupants disagree respecting 
its position, on application of either party as provided in section 
live, and after notice to both parties, and a view of the premises, 
they may determine, by a certificate under their hands com- 
municated to each party, on which side of the true line, and at 
what distance, or whether partly on one side and partly on the 
other, and at what distances, the fence shall be built and main- 
tained, and in what proportion by each party ; and either party 
may have the same remedy against the other, as if the fence were 
on the true line. R. S. c. 26, § 8. 

When adjacent lands have been occupied in common without 
a partition fence, and either party desires to occupy his in sever- 
alty, or when it is necessary to make a fence running into the 
water, and the parties liable to build and maintain it disagree, 
either party may apply to the fence viewers of the town, who 
shall proceed as in section five ; except that the fence viewers 



FENCES AND COMMON FIELDS. 663 

may allow longer than thirty days for building the fence, having 
regard to the season of the year. In other respects the remedy 
shall be as there provided. R. S. c. 26, § 9. 

When one party ceases to improve his land, or lays open his 
inclosure, he shall not take away any part of his partition fence 
adjoining the next inclosure improved, if the owner or occupant 
thereof will pay therefor what two or more fence viewers, on 
due notice to both parties, determine to be its reasonable value. 
R. S. c. 26, § 10. 

Form of an Appraisement of the Value of Such Partition Fence. 

We, the subscribers, fence viewers of the town of , at the request of 

, to appraise his part of a partition fence, on land adjoining the inclos- 
ure of . which he has ceased to improve, have given due notice to both 

parties, and do determine the reasonable value thereof to be . 

Dated the day of ,, 19—. 

V W ) 

^-" y"* C F ence Viewers. 

When any land, which has been uninclosed, is afterwards 
inclosed, or used for pasturing, its occupant or owner shall pay 
for one-half of each partition fence on the line between his land 
and the inclosure of any other occupant or owner, and its value 
shall be ascertained in writing ; if the parties do not agree, by 
two or more of the fence viewers of the town where such fence 
stands ; and after the value is so ascertained, on notice to such 
occupant or owner, if he neglects or refuses for thirty days, after 
demand, to pay it, the proprietor of the fence may have an action 
on the case for such value and the cost of ascertaining it. R. S. 
c. 26, § 11. 

If the line on which a partition fence is to be made or to be 
divided, is the boundary between two or more towns, or partly 
in one town, and partly in another, a fence viewer shall be taken 
from each town. R. S. c. 26, § 12. 

When a fence between owners of improved lands is divided 
either by fence viewers, or by the written agreement of the 
parties recorded in the town clerk's office where the land lies, 
the owners shall erect and support it accordingly ; but if any 
person lays his lands common, and determine not to improve any 
part of them adjoining such fence, and gives six months' notice 
to all occupants of adjoining lands, he shall not be required to 
maintain such fence while his lands so lie common and unim- 
proved. But all partition fences divided by parol agreement 
and actually built in -pursuance of such agreement, including 



664 FENCES AND COMMON FIELDS. 

fences so built heretofore, shall be deemed legal fences as if 
divided by fence viewers or written agreement, and the adjoining 
owners shall support their respective portions of fence under 
such agreement, until otherwise ordered by the fence viewers, on 
application to them by either party. And when a party has con- 
structed his part of a fence in pursuance of a parol or written 
agreement or assignment of fence viewers, no assignment shall 
thereafter be made by fence viewers, depriving him of the full 
value of such fence or any part thereof. R. S. c. 26, § 13. 

Nothing herein extends to house lots, the contents of which do 
not exceed half an acre ; but if the owner of such lot improves 
it, the owner of the adjacent land shall make and maintain one- 
half of the fence between them, whether he improves or not; 
nor does this chapter make void any written agreement respect- 
ing partition fences. R. S. c. 26, § 14. 

When several lots or pieces of land are inclosed and fenced in 
one common field, or when all the proprietors of such lands 
agree to inclose them in that manner, said proprietors may hold 
regular meetings when they adjudge proper, make such rules for 
managing their common concerns, and adopt such equitable 
modes of improvement as their common interest requires ; but 
in all other respects each proprietor may, at his own expense, 
inclose, manage and improve his own land as he thinks best, 
maintaining his proportion of fence inclosing the general field. 
R. S. c. 26, § 15. 

Upon application of any two or more proprietors to any justice 
of the peace, he shall issue his warrant to one of the applicants, 
or to the clerk of the proprietors, requiring him to call a meeting 
of the proprietors, and expressing in the warrant the time, place 
and purpose thereof. R. S. c. 26, § 16. 

Notice of the meeting shall be served at least fourteen days 
previous <to the time appointed, when all the proprietors reside 
in the town where the land lies, by reading the warrant to each 
proprietor, or giving him a copy in hand, or by leaving it at his 
usual place of abode, if the proprietors have not been previously 
organized for said purpose, or if no other mode of notice has 
been fixed by their standing rules ; and in such case if one or 
more of the proprietors reside without the town or plantation, 
notice shall be given to them by publishing a copy of said war- 
rant in some newspaper printed in the county, or in the state 
paper, three weeks successively, the last publication to be at 
least fourteen days before the time appointed. When the stand- 



FENCES AND COMMON FIELDS. 665 

ing rules of the proprietors determine the mode of serving notices 
for their meetings, it may be observed in service of said warrant, 
at the election of the party serving it. R. S. c. 26, § 17. 

At all meetings of the proprietors, each may vote according 
to the relative amount or value of his interest, if known ; if not, 
they shall all vote equally, and absent proprietors may vote by 
written proxy. R. S. c. 26, § 18. 

They may raise money from time to time for defraying their 
common charges and for managing their affairs, which sum shall 
be assessed upon the several proprietors, in proportion to their 
interests, by their assessors ; and any person aggrieved by such 
assessment may apply to the county commissioners, who may 
abate his part of it in whole or in part, if they see cause. R. S. 
c. 26, § 19. 

They may, at their annual or other meeting, duly notified, 
choose a clerk, three or five assessors, a collector, and such other 
officers as they find necessary, to continue in office until removed 
by them, or others are chosen and qualified in their stead. The 
clerk and assessors shall be sworn. R. S. c. 26, § 20. 

Such clerk shall issue his warrant to the collector, requiring 
him to collect all money so assessed, and to pay it over to the 
clerk or other proper officer according to the orders of the pro- 
prietors : and the collector shall collect it as collectors of towns 
are authorized to collect town taxes. R. S. c. 26, § 21. 

The whole fence inclosing such general field, so far as con- 
venient, shall be apportioned among the proprietors according to 
the number of acres held and cultivated or otherwise used by 
each ; and the part to be maintained by each shall be set out and 
assigned to him by any two or more fence viewers of the town, 
unless the proprietors agree on an apportionment of the fence 
among themselves. The proportion of fence so assigned to each 
shall be recorded by the clerk, in the books of the proprietors ; 
and if there is no such clerk, by the clerk of the town, on the 
town records. R. S. c. 26, § 22. 

If any proprietor in such general field declines to cultivate his 
land, or to use it for pasturing, and gives written notice of his 
intention to the clerk of the proprietors, he shall not be required 
to maintain any part of the fence, nor to pay any tax or assess- 
ment on account of his land while he neglects to cultivate or use 
it as aforesaid. R. S. c. 26, § 23. 

The expense of apportioning the fence, and of making and 
maintaining such part thereof as cannot conveniently and justly 



666 FENCES AND COMMON FIELDS. 

be assigned to any one proprietor, shall be borne by all the pro- 
prietors, to be taxed in proportion to their interests; and the 
part assigned to each shall be made and maintained by him while 
he uses his part of the general field for pasturing, planting, mow- 
ing or otherwise. R. S. c. 26, § 24. 

If any part of the fence assigned to a proprietor becomes defi- 
cient, and he does not repair it within three days after notice of 
such deficiency given to him or his tenant by a fence viewer of 
the town, it may be repaired by any other proprietor ; and such 
repairs may be examined by any two or more fence viewers, and 
if adjudged by them, after notice, to be sufficient, they shall ascer- 
tain the cost thereof, and make a statement of the same, and of 
the amount of their fees, in writing under their hands. R. S. c. 
26, § 25. 

The person making such repairs may demand of the deficient 
proprietor, or of his tenant, double the costs of such repairs and 
the fees thus ascertained ; and if not paid within one month after 
notice and demand, he may recover them in an action on the 
case. R. S. c. 26, § 26. 

If part of the fence is suddenly blown down, or carried away by 
a flood or tempest, and the crops in the field are thereby exposed 
to immediate destruction or injury, the proprietor to whom it. 
was assigned shall repair it within twenty-four hours after notice 
thereof given him by a fence viewer. If he fails so to do, it may 
be repaired by any other proprietor ; and he may recover double 
the cost thereof, and fees, as provided in the preceding section.. 
The fence viewers may allow a longer time than twenty-four- 
hours, if they think proper. R. S. c. 26, § 27. 

If a proprietor violates the regulations of the proprietors,, 
either by putting into the common field more horses, cattle or 
other beasts than the number allotted him, or before the day- 
fixed for that purpose, or by keeping them therein longer than 
the time limited, he is a trespasser. R. S. c. 26, § 28. 

If a proprietor is injured in his lands by the beasts of a 
stranger, he has the same remedy therefor as if his land had 
been inclosed and used separately. When damage happens to a 
proprietor through the insufficiency of the fence of a co-proprie- 
tor, said co-proprietor or the occupant of his land shall pa} r it.. 
R. S. c. 26, § 29. 

Every proprietor of land lying unfenced in a general field 
shall once in every two years, if requested by the owner of the 
adjoining land, run lines with him between their lots, and estab- 



FENCES AND COMMON FIELDS. 667 

lish boundaries by sufficient mete stones, at their joint expense ; 
and if he fails so to do, after at least six days' notice, he forfeits 
two dollars, to be recovered by such adjoining owner in an action 
on the case. R. S. c. 26, § 30. 

A major part in interest in any common or general field, at 
any legal meeting called for the purpose, may discontinue their 
association ; but not to take effect until six months after the vote 
for that purpose, unless all the proprietors consent to an earlier 
period. R. S. c. 26, § 31. 

Nothing contained in this chapter shall prevent the proprietors 
of any such common field fenced, who had been duly organized 
previous to February twenty-four, eighteen hundred and twenty- 
one, from making and maintaining their fences according to rules 
and orders before that date agreed on by them at any legal meet- 
ing. R. S. c. 26, § 32. 

Portions of common fields inclosed under the provisions 
hereof, which are unoccupied and unimproved by their owners 
on account of rocks or barrenness, shall be excluded in all esti- 
mates for assessments under section nineteen, or for apportion- 
ments of fence under section twenty-two. R. S. c. 26, § 33. 

Any three or more proprietors of lots within one general fence 
or inclosure, by a petition in writing to the proprietors of such 
field, at any meeting thereof, legally warned for that purpose, 
may request to have their lots, either alone, or jointly with any 
other lots therein, divided from the remainder, to be inclosed by 
one common fence, and occupied by them as an entire field sepa- 
rately from the other proprietors of the general field ; and if the 
majority of the proprietors in interest present at such meeting, 
refuse their assent to such divison, the county commissioners 
may, upon like application, appoint three or five disinterested 
and suitable persons within the county where such general field 
is situated, to make such divisions thereof, if they deem it expe- 
dient ; and to assign to each field its proportion of the partition 
fence which shall become necessary by reason of such division, 
to be kept up and maintained by each proprietor of said general 
field; and such persons shall, as soon as may be after their 
appointment, make return of their doings under their hands to 
such commissioners ; and after the acceptance thereof by them, 
the fields so divided shall be deemed separate general fields, and 
the proprietors of the field so set off and the remaining proprie- 
tors of the original general field shall be distinct and separate 
proprietary bodies, having all the like powers and privileges, and 



668 FENCES AND COMMON FIELDS. 

subject to all the duties and liabilities, as the proprietors of the 
original general field before such division was made ; but no order 
for such division shall be made, nor any committee appointed as 
aforesaid, until the other proprietors have had notice of the peti- 
tion for such division ; which shall be given by serving the clerk 
of the proprietors with a copy of the petition, thirty days at least 
before such order or appointment is made. R. S. c. 26, § 34. 

When the major part in interest of the proprietors of any 
tract of land consisting of five or more allotments desire to 
inclose them in one general field they may apply to the supreme 
judicial court in the county where such land lies, and when it 
lies in different counties, then to such court held in either ; and 
the court may order such notice to all parties interested, as it 
deems reasonable, and, after a hearing, may order the land to be 
so inclosed. R. S. c. 26, § 35. 

After a common or general field is so established by order of 
court, further proceedings in relation thereto shall be the same 
as are provided when a field is so inclosed by the consent of all 
the proprietors ; and the proprietors shall be entitled to all the 
privileges, and subject to all the duties, before provided with 
respect to the proprietors of fields inclosed by consent. R. S. c. 
26, § 36. 

Any fence viewer, who, when requested, unreasonably neglects 
to view any fence, or to perform any other duties herein required 
of him, forfeits three dollars to any person suing therefor within 
forty days after such neglect, and is liable for all damages to the 
party injured. R. S. c. 26, § 37. 

Each fence viewer shall be paid by the person employing him 
at the rate of two dollars a day for the time employed. If the 
party liable neglects to pay the same for thirty days after 
demand, each fence viewer may recover double the amount in an 
action on the case. R. S. c. 26, § 38. 

In relation to partition fences, the power of the fence viewers 
extends only to the assignment of the respective portions of the 
dividing line, and to the fixing of the time within which to build 
the fence. Further orders and adjudications, being unauthorized 
by statute, are of no effect. Thus an order (however equitable 
under the circumstances) that one of the adjoining owners should 
build a fence upon a portion of the line assigned to the other, 
and exonerating the latter from building upon such portion, cre- 
ates no obligation upon the former, nor relieves the latter from 



FENCES AND COMMON FIELDS. 669 

the duty imposed by statute, to build the fence upon that por- 
tion of the line. 34 Me. 332. 

Time allowed for building fence must be definitely stated. 
60 Me. 557. 

Within twelve days from receiving this notice is, too indefi- 
nite, lb. 

Party seeking to recover must show that he has built whole 
of the part assigned to him. 78 Me. 242. 

Notice to meet on a day named unless very stormy, and, if 
very stormy, on the next pleasant day following, except Sunday, 
is not a good notice. And action in pursuance of such notice is 
invalid unless all parties were present. 87 Me. 116. 

Fence viewers should declare in their adjudication that the 
fence built by the person seeking to recover, was sufficient. 
68 Me. 585 ; 87 Me. 116. 



CHAPTER LXXXIV. 



FENCES. 



When buildings or fences have existed more than twenty 
years fronting upon any way, street, lane or land appropriated to 
public use, the bounds of which cannot be made certain by 
records or monuments, such buildings or fences shall be deemed 
the true bounds thereof. When the bounds can be so made cer- 
tain, no time less than forty years will justify their continuance 
thereon, and on indictment and conviction they may be removed. 
Persons owning lands beside a highway or town way, on which 
are buildings or fences that encroach within the limits of said 
way, may by a writing under seal, by them signed and acknowl- 
edged, and recorded in the registry of deeds for the county in 
which the land lies, admit to the municipal officers of the town 
in which said way exists, the true bounds or limits of said way, 
and the extent of their wrongful occupancy thereof. And there- 
after such persons, and all claiming title under or through them, 
shall be estopped from asserting any right to the continuance of 
such buildings or fences within said limits, for the full term of 



670 FENCES. 

forty years from the date of such deed. R. S. c. 23, § 90 ; 82 
Me. 391 ; 83 Me. 508 ; 85 Me. 419 ; 90 Me. 333. 

There shall be furnished and kept in repair in each section of 
the town, through which there is a mail route, some effectual 
apparatus for opening ways obstructed by snow, to be used to 
break and keep open the way to the width of ten feet, and the 
municipal officers of towns, or any road commissioner under their 
direction, may take down fences upon the line of public high- 
ways when they deem it necessary to prevent the drifting of 
snow therein ; but they shall in due season be replaced, in as 
good condition as when taken down, without expense to the 
owner. R. S. c. 23, § 63. 

Any person may take down and remove gates, bars or fences, 
upon or across any highway or town way, unless they are there 
to prevent the spread of infectious disease, or were placed there 
by license of the county commissioners or municipal officers of 
the town. To those granting such license, a person aggrieved 
by such removal may apply, and on proof that such erections 
were made by their license, they may order them to be replaced 
by the person who removed them. R. S. c. 23, §87; 12 Me. 
32, 38 ; 59 Me. 114. 

Whoever willfully and maliciously cuts down, destroys, or 
otherwise injures any shrub or tree for ornament or use ; breaks, 
injures or defaces any fence ; throws down or opens any gates or 
bars ; injures, destroys or severs from the land of another, any 
produce thereof or thing attached thereto, such articles not being 
his own, shall be punished by imprisonment for less than one 
year, and by fine not exceeding one hundred dollars. R. S. c. 
128, § 12 ; 3 Me. 178; 5 Me. 409 ; 37 Me. 331 ; 60 Me. 410. 

Towns may raise and assess money necessary for purchasing 
and fencing burying grounds, and maintaining private burying 
grounds established before eighteen hundred and eighty. R. S. 
c. 4, § 71; P. L. 1907 c. 59. 

Each town, parish or religious society and any individuals, 
association or corporation to which any ancient or public bury- 
ing yard belongs, shall keep a substantial fence around it in good 
repair ; and for neglect shall forfeit not exceeding one hundred 
dollars, to be applied as prescribed in the preceding section by 
such officers of such town, or the officers or committee of such 
parish or society, or by such individuals, association or corpora- 
tion. R. S. c. 20, § 3 ; P. L. 1905 c. 101. 



FENCES. 671 

Whoever takes down or intentionally injures any fence, 
erected to protect the line of any railroad, or turns any horse, 
cattle or other animal, upon or within the enclosure of such rail- 
road, shall be fined not less than ten, nor more than one hundred 
dollars, or imprisoned not less than ten days nor more than six 
months. R. S. c. 52, § 28. 

(Note : As to what constitute legal fences, maintenance of 
the same, duties of fence viewers, etc., see R. S. c. 26 : also 91 
Me. 221 ; 98 Me. 511 ; 96 Me. 484.) 



CHAPTER LXXXV. 



LOST GOODS AND STRAY BEASTS. 

Whoever finds lost money or goods of the value of three dol- 
lars or more, shall, if the owner is unknown, within seven days 
give notice thereof in writing to the clerk of the town where 
they are found and post a notification thereof in some public 
place in said town. If the value is ten dollars or more, the 
finder in addition to the notice to the town clerk and the notifi- 
cation to be posted as aforesaid, shall, within one month after 
finding, publish a notice thereof in some newspaper published in 
the town, if any, otherwise in some newspaper published in the 
county. R. S. c. 101, § 10. 

Whoever takes up a stray beast shall, within seven days give 
notice thereof in writing, containing a description of its color, 
and its natural and artificial marks, to the clerk of the town 
where such beast is taken, and shall cause a notice thereof, con- 
taining a like description of the beast to be posted and, if such 
beast is of the value of ten dollars or more, published, in the 
manner provided in the preceding section ; otherwise he shall 
not be entitled to compensation for any expenses which he may 
incur relative thereto. R. S. c. 101, §11. 

Every finder of lost goods or stray beasts of the value of ten 
dollars or more, shall, within two months after finding, and 
before using them to their disadvantage, procure a warrant from 
the town clerk or a justice of the peace, directed to two persons, 



672 LOST GOODS AND STRAY BEASTS. 

appointed by said clerk or justice, not interested except as 
inhabitants of the town, returnable at said clerk's office, within 
seven days from its date, to appraise said goods under oath. 
R. S. c. 101, § 12. 

If the owner of such lost money or goods appears within six 
months, and if the owner of such stray beasts appears within 
two months after said notice to the town clerk, and gives reason- 
able evidence of his ownership to the finder, he shall have resti- 
tution of them or the value of the money or goods, paying all 
necessary charges and reasonable compensation to the finder for 
keeping, to be adjudged by a justice of the peace of the county r 
if the owner and finder cannot agree. R. S. c. 101, § 13. 

Form of Warrant to Appraise Lost Goods. 

[Seal.] 

, ss. 

To A. B. and C. D., of , 

GREETING. 

Upon the application of E. F., of , to the, G. H., town clerk of said 

, you are hereby appointed to appraise, upon oath, at the true value 

thereof in money, according to your best judgment [here describe the goods 

or money], found by the said E. F., at ; and to make due return of your 

doings, with this warrant, into the town clerk's office in said , within 

seven days from the date hereof. Given under my hand and seal, this 

day of , A. D. 19—. 

G. H., Town Clerk. 

, ss. 

Then personally appeared the above named A. B. and C. D. and made 

oath that they would faithfully perform the service required by the above 

warrant. 

Before me, 

I. J., Justice of the Peace. 

Form of the Appraisal to Be Made on the Warrant. 

The subscribers, appointed appraisers by the within warrant, have care- 
fully examined the property set forth therein, and do upon oath appraise 
the value to be dollars and cents. 

Dated at aforesaid, the day of , A. D. 19 — . 

A B / 

p " j-.' 1 > Appraisers. 

If no owner appears within six months, such money or lost 
goods shall belong to the finder, by paying one-half their value 
after deducting all necessary charges, to the treasurer of said 
town ; but if he neglects to pay it on demand, it may be recov- 



LOST GOODS AND STRAY BEASTS. 673 

ered in an action brought by said treasurer in the name of the 
town. R. S. c. 101, § 14. 

If the owner does not appear and prove his title to the beasts 
within said two months, the finder may sell them at public auction, 
first giving notice of such sale at least four days before the time 
of sale, in two public places in the town in which the beasts were 
taken up ; and the proceeds of the sale after deducting all lawful 
charges, shall be deposited in the town treasury. R. S. c. 101, § 15. 

If such owner appears within six months after such notice is 
filed with the town clerk, and proves his title to the beasts, he 
shall, if they have not been sold, have restitution of the same, 
after paying the charges arising thereon as provided in section 
thirteen ; and if the beasts have been sold, he shall be entitled to 
receive the money so deposited in the treasury from the proceeds 
of the sale. If no owner appears within six months, the beasts 
or the value or price thereof, after deducting said charges, shall, 
as prescribed in section fourteen be equally divided between the 
finder and the town. R. S. c. 101, § 16. 

If the finder of lost mone}^ or goods, of the value of three dol- 
lars or more, or if the person taking up such stray beast, neglects 
to give notice to the town clerk and to cause them to be adver- 
tised as herein provided, he forfeits to the owner the full value 
thereof, unless he delivers or accounts therefor to the owner, in 
which case he shall forfeit not more than twenty dollars, half to 
the town, and half to the prosecutor. R. S. c. 101, § 17. 

Whoever takes away a beast held as a stray, without paying 
all lawful charges incurred in relation to the same, shall forfeit 
to the finder double the amount of said charges, not exceeding 
the value of the beast, and in addition thereto shall be liable for 
any trespass committed by him in so doing. R. S. c. 101, § 18. 

Any person injured in his land by sheep, swine, horses, asses, 
mules, goats or neat cattle, in a common or general field, or in a 
close by itself, may recover his damages by taking up any of the 
beasts doing it, and giving the notice provided in section eleven, 
or in an action of trespass against the person owning or having 
possession of the beasts at the time of the damage, and there 
shall be a lien on said beasts, and they may be attached in such 
action and held to respond to the judgment as in other cases, 
whether owned by the defendant or only in his possession. But 
if the beasts were lawfully on the adjoining lands, and escaped 
therefrom in consequence of the neglect of the person suffering 
the damage to maintain his part of the petition fence, their owner 
shall not be liable therefor. R. S. c. 101, § 19. 

43 



674 AUCTIONS AND AUCTIONEERS. 



CHAPTER LXXXVL 



AUCTIONS AND AUCTIONEERS. 

The municipal officers of any town may license any legal voter 
thereof, by a writing under their hands, to be auctioneer for one 
year, in every town in their county; and shall record every such 
license in a book kept by them for that purpose. Upon receipt 
of such license, such auctioneer shall pay two dollars to the 
treasurer of said licensing town for said town, and may be 
exempted from the deduction of two and one-half per cent from 
the gross amount of sales provided in section three. R. S. c. 36, 
§ 1 ; 4 Me. 263, 335 ; 25 Me. 142 ; 38 Me. 311 ; 43 Me. 160 ; 
53 Me. 394. 

Eorm of License. 

Town of . 

Be it known, That is hereby licensed to be auctioneer for one year in 

the town of . 

Dated the day of , 19 — . 

A B ) 

n tV 1 ( Selectmen of the 

E.^;;$ Town of . 

If such officers, after written application to them for a license, 
unreasonably refuse or neglect to grant it, the applicant, by giv- 
ing them ten days' notice and a bond to pay all costs arising 
thereafter, may appeal to the county commissioners, who, after a 
hearing of the parties, may grant the license if they judge it rea- 
sonable. R. S. c. 36, § 2. 

Every person licensed shall keep a fair and particular account 
of all goods and chattels by him sold, stating of whom received, 
and the price for which the same were sold ; and unless other- 
wise authorized, if said goods are sold voluntarily for the benefit 
of parties residing out of the state, he shall deduct two and 
a half per cent from the gross amount of the sales for the use 
of the town where the sale is made, and pay the same to the 
treasurer thereof within ten days after the sale ; and in default 
thereof, he shall be fined not less than fifty, nor more than three 



AUCTIONS AND AUCTIONEERS. 675 

hundred dollars, and shall forfeit his license. R. S. c. 36, § 3 ; 
53 Me. 394. 

No auctioneer shall allow any person, not a legal voter in the 
town from which he received his license, to act for or under him 
in any sales at public auction, under a penalty of fifty dollars for 
each offense; and any person so acting is subject to the same 
penalty. R. S. c. 36, § 4. 

If an auctioneer receives goods for sale at public auction, of 
any servant or minor, knowing him to be such, or sells goods, 
before sunrise or after sunset, at public auction, he forfeits not 
less than fifty, nor more than one hundred and seventy dollars 
for each offense ; but the municipal officers of any town may 
license any duly licensed auctioneer specially, to sell after sun- 
set upon payment of a sum not exceeding twenty dollars. R. S. 
c. 36, § 5. 

A parcel of real estate lying partly in one town and partly in 
another, may be sold by an auctioneer of either ; but if an auc- 
tioneer sells or offers to sell real or personal property at public 
auction in any other towns than those authorized by his license, 
or if any person sells without a license, he forfeits not exceeding 
six hundred dollars ; provided, however, that any person, employed 
by the owner of blooded animals may sell the same, as auctioneer, 
at public auction, whether licensed by municipal officers or not. 
R. S. c. 36, § 6 ; 43 Me. 160. 

If the tenant or occupant of any building, having actual pos- 
session and control thereof, knowingly permits any person to sell 
any goods or chattels at public auction contrary to this chapter, 
in such building, or in any apartment, or yard appurtenant 
thereto, he forfeits not more than six hundred, nor less than one 
hundred dollars. R. S. c. 36, § 7. 

Nothing in the preceding sections extends to sales made by 
sheriffs, deputy sheriffs, coroners, constables, tax collectors, exec- 
utors or administrators, or any other person authorized to sell 
goods, chattels or lands, by order of any court or judge of pro- 
bate. R. S. c. 36, § 8. 

All fines imposed by this chapter may be recovered by indict- 
ment ; and it is the special duty of city marshals and their depu- 
ties, sheriffs, constables and police officers, to make immediate 
complaint for every offense against the provisions hereof ; half 
of ail fines shall be for the prosecutor, and half for the town 
where the offense is committed. R. S. c. 36, § 9. 



676 AUCTIONS AND AUCTIONEERS. 

The municipal officers of any city or town, may, upon presenta- 
tion of an invoice or inventory of the property to be sold, which 
shall be produced unless said municipal officers decide that the 
same is unnecessary, grant a special license to any auctioneer, a 
voter in the state, to sell at public auction, between the hours of 
seven in the forenoon and six in the afternoon, upon payment to 
such city or town of five dollars for each invoice or inventory. 
R. S. c. 36, § 10. 



CHAPTER LXXXVIL 



HAY. 



All hay pressed and put up in bundles, except hay pressed by 
farmers and retailed from their own barns, shall have the first 
letter of the Christian name and the whole of the surname of the 
person putting up the same, written, printed or stamped on bands 
or boards made fast thereto, with the name of the state and the 
place where such person lives. Whoever offers for sale or ship- 
ment any pressed hay not marked as aforesaid, except hay pressed 
by farmers and retailed from their own barns, forfeits one dollar 
for each bale so offered, to be recovered by complaint. No per- 
son who has received hay not marked as provided in this section 
shall defend any action for the price thereof upon that ground, 
unless he shall prove that, before the delivery of said hay to him, 
he requested the person from whom he bought the same to com- 
ply with the provisions of this section. R. S. c. 39, § 37 ; 32 
Me. 448 ; 46 Me. 200 ; 54 Me. 147 ; 64 Me. 389, 397 ; 71 Me. 82. 

Whoever labors in cutting or harvesting hay has a lien on all 
the hay cut or harvested by him and his co-laborers for the 
amount due for his personal services and the services performed 
by his team, which takes precedence of all other claims except 
liens reserved to the state, continues for thirty days after the last 
of such services are performed and may be enforced by attach- 
ment. R. S. c. 93, § 54. 

Whoever presses hay or straw has a lien on all the hay or 
straw so pressed for the amount due for such pressing, which 
takes precedence of all other claims except hens reserved to the 



HAY. 677 

state and the lien specified in the preceding section, continues for 
thirty days after said pressing is completed and may be enforced 
by attachment. R. S. c. 93, § 35. 

One pair of working cattle, or instead thereof one pair of 
mules or one or two horses not exceeding in value three hundred 
dollars, and a sufficient quantity of hay to keep them through 
the winter season is exempt from attachment and execution. 
R. S. c. 83, § 64, par. 7. 

Hay, grain and potatoes, orchard products and wool, owned by 
and in possession of the producer, is exempt from taxation. 
R. S. c. 9, § 6, par. 6 ; 63 Me. 16. 

Any city may purchase and keep for use scales for weighing 
hay and other articles, appoint weighers and fix their fees, to be 
paid by purchaser. R. S. c. 44, § 5 ; 37 Me. 88 ; 60 Me. 470. 

See also "Weights and Measures". 



CHAPTER LXXXVIIL 



LIBRARIES, AND CHARITABLE AND BENEVOLENT 
SOCIETIES. 

When seven or more persons desire to be incorporated as pro- 
prietors of a social, military, literary, scientific or county law 
library ; as a masonic lodge or chapter of any order or degree ; 
as a masonic association consisting of members of different orders 
or degrees ; as a lodge of the Independent Order of Odd Fel- 
lows ; as a division of the Sons of Temperance ; as a tent of the 
Rechabites ; as a grange of Patrons of Husbandry ; as a council 
of the Sovereigns of Industry ; as a Grand Army post ; as a 
relief or benefit association for mutual assistance ; as a monu- 
ment or memorial association ; as a society to promote temper- 
ance ; as a village improvement society ; as an association for 
the promotion of good municipal government ; as a yacht club, 
or for any literary, scientific, musical, charitable, educational, 
social, military, agricultural, moral, religious or benevolent pur- 
pose; they may apply in writing to any justice of the peace in 
the county, who may issue his warrant, directed to one of said 



678 LIBRARIES, CHARITABLE SOCIETIES, ETC. 

applicants, requiring him to call a meeting thereof at such time 
and place as the justice may appoint. R. S. c. 57, § 1. 

Such applicant may call it, by reading the warrant in the pres- 
ence and hearing of each, or by leaving an attested copy thereof 
at his last and usual place of abode, at least fourteen days before 
the day of meeting, or by publishing an attested copy thereof in 
some newspaper printed in said county, for two weeks succes- 
sively, the first publication to be at least fourteen days before the 
day of meeting. R. S. c. 57, § 2 ; 94 Me. 400. 

When assembled pursuant to the warrant, they may organize 
themselves into a corporation, adopt a corporate name, and they, 
their associates and successors may have continual succession ; 
have a common seal ; elect all necessary officers ; adopt by-laws, 
not inconsistent with law, and enforce the same by suitable 
penalties ; have the same rights and be under the same liabilities, 
as other corporations, in prosecuting and defending suits at law ; 
and enjoy all other rights, privileges and immunities, of a legal 
corporation. R. S. c. 57, § 3 ; 94 Me. 400. 

The president, treasurer and majority of the directors or trus- 
tees of every corporation organized under the foregoing sections 
shall, within sixty days after organization, prepare a certificate 
setting forth the name and purposes of the corporation, the town 
where located, the number and names of the officers, and shall 
sign and make oath to it, and shall file the same in the office of 
the secretary of state, and the secretary of state shall keep a list 
of the same in a book prepared for that purpose, showing the 
name, location and date of organization of each such corporation. 
R. S. c. 57, § 4. 

Such corporation may take and hold by purchase, gift, devise 
or bequest, personal or real estate, in all not exceeding in value 
one hundred thousand dollars, owned at any one time, and may 
use and dispose thereof only for the purposes for which the cor- 
poration was organized. R. S. c. 57, § 5. 

The limitation of one hundred thousand dollars is not abso- 
lutely prohibitive. Is chiefly directory and regulative. Bequest 
in excess of limited sum is voidable only. May be avoided by 
the state alone. Must be treated as valid until in proper pro- 
ceedings by the state, the bequest is declared invalid. 90 Me. 
405. 

No corporation, organized for charitable or benevolent pur- 
poses, shall sue any of its members for dues or contributions of 
any kind, or be sued by any member for any benefit or sum due 



LIBRARIES, CHARITABLE SOCIETIES, ETC. 679 

him, but all such rights and benefits, dues and liabilities, shall 
be regulated and enforced only in accordance with its by-laws. 
R. S. c. 57, § 6; 95 Me. 497. 

In every county, where five or more attorneys reside, any five 
of them may procure themselves and the other attorneys resident 
in the county to be incorporated as aforesaid for the purpose of 
establishing a law library; and the notification required, if 
posted in some conspicuous part of the courthouse seven days 
previous to their meeting, is sufficient ; they may take the name 

of "The trustees of the law library in the county of ;" and 

at such meeting, which shall be held at a term of the court 
therein, they may choose a clerk, librarian and treasurer, to be 
sworn, and hold their offices during the pleasure of the corpora- 
tion ; they may make all necessary and lawful regulations ; and 
at their meetings, the oldest member present shall preside. 
R. S. c. 57, § 7. 

The treasurer of each library association, under the direction 
of the trustees, shall apply all moneys received of the county 
treasurer, and all bequests and gifts, to form a law library under 
the appointed regulations ; and the clerk shall keep an exact 
record of all their proceedings. R. S. c. 57, § 8. 

The treasurer shall keep an exact account of all moneys, gifts 
and bequests, belonging to the corporation, and annually settle 
the same on oath, in the manner prescribed ; and the treasurer, 
librarian and clerk, shall be answerable for all misfeasance in an 
action by the corporation. The treasurer shall, annually, before 
the second Wednesday in January, deposit in the office of the 
treasurer of state a statement of the funds received by the cor- 
poration during the year preceding. R. S. c. 57, § 9. 

Any town may establish a free public library therein, for the 
use of its inhabitants, and provide suitable rooms therefor, under 
such regulation for its government as the inhabitants from time 
to time prescribe ; and may appropriate for the foundation and 
commencement of such library a sum not exceeding two dollars, 
and for its maintenance and increase annually a sum not exceed- 
ing two dollars, for each of its ratable polls in the year next pre- 
ceding. Any town in which there is a free public library may 
establish and maintain under the same general management and 
control, such branches of the same as the convenience and wants 
of its citizens seem to demand. R. S. c. 57, § 10. 

Any village corporation located in a town where no free 
library exists, may establish a library within its limits for the 



680 LIBRARIES, CHARITABLE SOCIETIES, ETC. 

free use of all of its inhabitants ; and may levy and assess a cor- 
porate tax and appropriate therefrom for the foundation and 
commencement of such library, a sum not exceeding two dollars, 
and for its maintenance and increase annually a sum not exceed- 
ing one dollar for each ratable poll within the limits of such 
village corporation in the year next preceding. Village libraries 
established under this section shall be subject to all the duties 
and entitled to all the privileges prescribed by the laws relating 
to free public libraries in towns. R. S. c. 57, § 11. 

Any town may raise and appropriate annually a sum of 
money, not exceeding the legal limit established for maintaining 
free libraries, for the purpose of securing to its inhabitants the 
free use of a library located in an adjoining town, and shall be 
entitled to receive from the treasurer of state a sum equal to 
ten per cent of the amount so raised, appropriated and expended 
yearly, to be paid on the certificate of its municipal officers 
returned as provided in section fourteen. R. S. c. 57, § 12. 

Two or more adjacent towns may unite in establishing and 
maintaining a free public library with branches thereof in each 
town, for the free use of all the inhabitants of said towns, and 
may each raise and appropriate for that purpose annually a sum 
not exceeding the legal limit established for maintaining free 
libraries, and such towns shall be subject to all duties and 
entitled to all the benefits prescribed by the laws relating to free 
libraries. R. S. c. 57, § 13. 

The municipal officers in any town or city, and the assessors 
of any village corporation where a free public library is estab- 
lished, shall annually, on the first day of May, certify to the 
governor and council the amount of money appropriated and 
expended by said town, city or village corporation during the 
preceding year, for the purchase of books and documents for the 
use and benefit of such free public library, and for the payment 
of the running expenses thereof; and the governor, with the 
advice and consent of the council, shall draw a warrant on the 
treasurer of state for the purchase of books for the use of such 
library, for a sum equal to ten per cent of the amount expended 
by said town or village corporation as certified by its municipal 
officers or assessors. R. S. c. 57, § 14. 

Any town or city, in which there is a library owned or con- 
trolled by a corporation or association, or by trustees, may 
appropriate a sum not exceeding one dollar for each of its 
ratable polls in the year next preceding to procure for such 



LIBRARIES, CHARITABLE SOCIETIES, ETC. 681 

library the free use of its books for all the inhabitants of the 
town or city, under such restrictions and regulations as shall 
insure the safety and good usage of the books, and such a library 
shall then be considered a free public library within the meaning 
of this chapter, and said town or city shall be entitled to the 
benefits of the preceding section, provided that any books and 
documents purchased with said stipend, and all books and docu- 
ments donated by the state, shall be and remain the property of 
said municipality. R. S. c. 57, § 15. 

In every town and city where a free public library exists, the 
librarian of the state library shall transmit to such library all 
laws, Maine reports, and other documents which the town or 
city is by law entitled to receive from the state, and the same 
shall be constantly kept in such library for the use and benefit of 
all the citizens ; and the municipal officers of said town or city, 
shall transfer to said library all the laws, Maine reports and 
other documents, heretofore received from the state, and now in 
custody of any of the officers of said town or city; and the 
officers of said library, on or before the first day of April of each 
year, shall send to the librarian of the state library a report con- 
taining a list ©f all books and documents purchased with the 
state stipend for the preceding year, and of all books and docu- 
ments received from the state in said library. The aid from the 
state, hereby provided, shall be withheld from any town, city or 
village corporation until the report herein required to be made 
on or before the first day of April of each year, shall have been 
received by the librarian of the state library. And the same 
shall also be withheld unless said report shall show that the 
laws, Maine reports and other documents furnished to said town 
or city by the state are kept in said library as required by this 
section. R. S. c. 57, § 16. 

The librarian shall donate from the state library to any town 
having no free public library owned or controlled by the town, 
books purchased for that purpose, not exceeding fifty per cent in 
value of the books and documents purchased by said town for 
the purpose of founding a free public library therein ; said dona- 
tion in no case to exceed one hundred dollars. No town shall 
be entitled to the benefits of this provision, until its legal voters, 
at a regularly called town meeting, have raised and appropriated 
not less than one hundred dollars for the purchase of books, and 
have provided for the care, custody and distribution of its own 
books, and of those to be donated by the state. R. S. c. 57, 
§17. 



682 LIBRARIES, CHARITABLE SOCIETIES, ETC. 

The librarian or trustees of any free public library may ask 
the governor and council for advice in regard to the selection of 
books,. and may receive instruction at the state library in cata- 
loguing, and any other matters pertaining to the maintenance or 
administration of the library. R. S. c. 57, § 18. 

Any town, as such, may receive, hold and manage devises, 
bequests or gifts for the establishment, increase or maintenance 
of a public library therein ; and may accept by vote of the legal 
voters thereof, any land or land and buildings thereon, to be 
used as a public library or art gallery, or both combined. Any 
town, as such, may receive, hold and manage devises, bequests 
or gifts for the establishment, increase or maintenance of public 
parks and playgrounds in such town ; and may accept by vote of 
the legal voters thereof, any land in such town to be used as a 
public park or playground, or both combined. When any plan- 
tation is incorporated into a town, such gifts and the proceeds 
thereof fully vest in such town. R. S. c. 57, § 19. 



CHAPTER LXXXIX, 



ITINERANT VENDORS. 

Every itinerant vendor who shall sell or expose for sale, at 
public or private sale, any goods, wares and merchandise without 
state and local licenses therefor, issued as hereinafter provided, 
shall be punished for each offense by fine not exceeding fifty dol- 
lars or by imprisonment not exceeding sixty days, or by both such 
fine and imprisonment. R. S. c. 45, § 1. 

All persons, both principals and agents, who shall by circular,, 
handbill, newspaper or in any other manner, advertise any such 
sales as those referred to in the preceding section, before proper 
licenses shall be issued to the vendor, shall be punished by fine 
not exceeding fifty dollars or imprisonment not exceeding sixty 
days, or by both such fine and imprisonment. R. S. c. 45, § 2. 

Every itinerant vendor, whether principal or agent, before com- 
mencing business, shall take out a state license and local licenses 
in the manner hereinafter set forth, but nothing herein contained 
shall affect the right of any municipal officers to make such reg- 



ITINERANT VENDOES. 683 

illations relative to itinerant vendors as may be permissible under 
the general law or under any municipal charter. R. S. c. 45, § 3. 

Every itinerant vendor desiring to do business in this state 
shall deposit with the secretary of state the sum of five hundred 
dollars as a special deposit, and after such deposit, upon applica- 
tion in proper form and the payment of a further sum of twenty- 
five dollars as a state license fee, the secretary of state shall issue 
to him an itinerant vendor's license, authorizing him to do busi- 
ness in the state in conformity with the provisions of this chap- 
ter for the term of one year from the date thereof. Every license 
shall set forth a copy of the application upon which it is granted. 
Such license shall not be transferable nor give authority to more 
than one person to sell goods as an itinerant vendor, either by 
agent or clerk or in any other way than in his own proper per- 
son, bat any licensee may have the assistance of one or more 
persons in conducting his business, who may aid that principal 
but shall not act for or without him. No person shall be entitled 
to hold, or directly or indirectly receive the benefit of more than 
one state license at any one time, and any license obtained, held 
or used in violation of law is void. R. S. c. 45, § 4. 

All applications for state licenses shall be sworn to, shall dis- 
close the names and residences of the owners or parties in whose 
interests said business is conducted, and shall be kept on file 
by the secretary of state, and a record shall be kept by him of 
all licenses issued upon such applications. All files and records 
both of the secretary of state and of the several towns relative to 
such licenses, shall be in convenient form, and open for public 
inspection. R. S. c. 45, § 5. 

Every itinerant vendor intending to sell goods in any town 
shall file his state license and an application for a local license 
with the collector of taxes for such town, and before selling, 
offering or exposing for sale any goods in such town shall pay to 
the collector for the use of such town, as a further local license 
fee for such sale in such town, a sum to be computed as provided 
in the following section. A receipt for said local license fee- 
when paid shall be indorsed by said collector on the back of such 
state license, which shall remain on file with such collector so 
long as such sale shall continue or such goods be kept, exposed 
or offered for sale in such town. Every application for a local 
license shall be signed by the holder of the accompanying state 
license and shall specify the kind and line of goods then in stock 
in such town, the name of the town from which said goods were 



684 ITINERANT VENDORS. 

last shipped, and the name of the town in which said goods were 
last exposed or offered for sale. Such local license fee shall be 
computed and collected in each town respectively in which said 
goods shall be successively offered or exposed for sale. R. S. c. 
45, § 6. 

The collector of taxes for any town upon receiving an applica- 
tion in due form as provided in the preceding section, accompan- 
ied by such applicant's state license shall forthwith give notice 
thereof to the assessors of said town. Said assessors, or a major- 
ity of them, shall as soon as practicable examine the stock of 
goods described in such application, and shall compute and cer- 
tify to said collector the amount of said applicant's local license 
fee for such intended sale in said town which shall be a percent- 
age on the full value of said stock of goods equal to the rate per 
cent of the last preceding taxation in said town. The payment 
of said local license fee to said collector shall authorize such 
applicant who has complied with all other requirements of law to 
sell within the limits of said town, such goods, wares and mer- 
chandise as are described in his application, and for that purpose 
to carry in stock in said town, goods only of the kind or line 
specified in his application, and not to exceed in amount at any 
one time the valuation on which his local license fee for such 
town was computed, and to continue in force so long as such 
licensee shall in good faith continuously keep, offer and expose 
for sale the same kind or line of goods specified in his applica- 
tion, except that such license and authority shall in any event 
terminate and expire on the first day of April next following the 
date of application. Any itinerant vendor, who after applying 
or paying for a local license shall increase his stock kept, offered 
or exposed for sale in the town for which such local license fee 
was paid above the valuation on which such local license fee was 
computed, without first making seasonable written application to 
the collector of such town for a supplemental license for such 
excess of stock shall be fined not less than twenty, nor more than 
fifty dollars, and for each day such excess of stock is kept, offered 
or exposed for sale without payment of local license fee therefor 
shall be fined not less than twenty, nor more than fifty dollars, 
and forfeits his state license. Supplemental licenses shall be 
applied for, and the fees therefor shall be computed, certified and 
collected in the manner provided for local license fees. R. S. c. 
45, § 7; 90 Me. 253. 

Whoever as proprietor or clerk, having in his care, custody or 
keeping, any goods for the sale of which a local license is required, 



ITINERANT VENDORS. 685 

neglects or refuses to file the application for local license required 
by law, or whoever makes a false or fraudulent representation or 
statement in any application for a local license, shall be fined not 
less than twenty, nor more than fifty dollars for each day such 
goods are kept, offered or exposed for sale. The penalties pro- 
vided herein are not to be construed as substitutes for payment 
of local license fees. R. S. c. 45, § 8. 

Every town in which is kept, exposed or offered for sale an 
itinerant vendor's stock of goods has a lien on such goods for the 
amount due such town for local license fee on such stock to be 
enforced by suit and attachment within ten days from the time 
such goods were first publicly offered or exposed for sale in such 
town. When any person liable therefor neglects or refuses to 
pay the local license fee provided in section seven the tax col- 
lector of the town to which such license fee is due may maintain 
an action of debt by writ of attachment or trustee process there- 
for in the name of such town or in his own name, but for the 
benefit of such town. Tax collectors, police officers and con- 
stables shall prosecute for violations of the provisions hereof 
relating to itinerant vendors, in their respective towns, and shall 
report such violations promptly to the assessors for the purpose 
of computing and certifying such local license. R. S. c. 45, § 9. 

No itinerant vendor shall advertise, represent or hold forth 
any sale as an insurance, bankrupt, insolvent, assignee's, trus- 
tee's, testator's, executor's, administrator's, receiver's, wholesale 
or manufacturers', or closing out sale or as a sale of any goods 
damaged by smoke, fire, water or otherwise, or in any similar 
form, unless he shall before so doing, state under oath to the 
secretary of state, either in the original application for a state 
license or in a supplementary application subsequently filed, and 
copy on the license all the facts relating to the reasons and 
character of such special sale so advertised or represented, includ- 
ing a statement of the names of the persons from whom the 
goods, wares and merchandise were obtained, the date of delivery 
to the person applying for the license, and the place from which 
said goods, wares and merchandise were last taken, and all 
details necessary to exactly locate and fully identify all goods, 
wares and merchandise to be so sold. R. S. c. 45, § 10. 

Any false statement in an application, either original or sup- 
plementary, for a license, and any failure on the part of any 
licensee to comply with all the requirements of the last preced- 
ing section shall subject said itinerant vendor to the same penalty 
as if he had no license. R. S. c. 45, § 11. 



686 ITINERANT VENDORS. 

All state licenses issued under section four shall expire by 
limitation one year from the date thereof, and may be, if so 
desired, surrendered at any time prior thereto for cancellation. 
R. S. c. 45, § 12. 

Upon the expiration and return or surrender of each state 
license, the secretary of state shall cancel the same, indorse the 
date of delivery and cancellation thereon, and place the same on 
file. He shall then hold the special deposit of each licensee 
hereinbefore mentioned for the period of sixty days, and after 
satisfying any and all claims made upon the same under section 
fourteen, shall return said deposit or such portion of the same, if 
any, as may remain in his hands, to the licensee depositing it. 
R: S. c. 45, § 13. 

Each deposit made with the secretary of state shall be subject, 
so long as it remains in his hands, to attachment and execution 
in behalf of creditors whose claims arise in connection with busi- 
ness clone in the state, and the secretary of state may be held to 
answer as trustee, under the trustee process, in any civil action 
in debt or case brought against any licensee, and the secretary of 
state shall pay over, under order of court, or upon execution, 
such sum of money as he may be chargeable with upon his 
answer or otherwise. Said deposit shall also be subject to the 
payment of any and all fines and penalties incurred by the 
licensee through violation of this chapter, and the clerk or 
recorder of the court in which, or the trial justice by whom, such 
fine or penalty is imposed shall thereupon notify the secretary of 
state of the name of the licensee, against whom such fine or 
penalty is adjudged and of the amount of such fine or penalty, 
and the secretary of state if he has in his hands a sufficient sum 
deposited by such licensee shall pay the sum so specified to said 
clerk, recorder or trial justice, and if the secretary of state shall 
not have a sufficient sum so deposited he shall make payment as 
aforesaid, of so much as he has in his hands. All claims upon 
deposit shall be satisfied after judgment, fine or penalty in the 
order in which notice of the claim is received by the secretary of 
state, until all such claims are satisfied or the deposit exhausted, 
but no notice filed after the expiration of the sixty days' limit 
aforesaid shall be valid. jSTo deposits shall be paid over by the 
secretary of state to the licensees so long as there are any out- 
standing claims or notices of claims against them, respectively, 
unless he is satisfied that such claims will not be prosecuted to 
final judgment or that no fine or penalty will be imposed. R. S. 
c. 45, § 14. 



ITINERANT VENDORS. 687 

The words "itinerant vendors" for the purposes of this chapter 
•shall be construed to mean and include all persons, both princi- 
pals and agents, who engage in a temporary or transient business 
in this state, either in one locality or in traveling from place to 
place selling goods, wares and merchandise, and who, for the 
purposes of carrying on such business, hire, lease or occupy any 
building or structure for the exhibition and sale of such goods, 
wares and merchandise, or who sell goods, wares and merchan- 
dise, at retail from a car, steamer or vessel. No itinerant vendor 
shall be relieved or exempted from the provisions and require- 
ments hereof by reason of associating himself temporarily with 
=any local dealer, trader or merchant, or by conducting such tem- 
porary or transient business in connection with or as a part of 
the business of, or in the name of any local dealer, trader or 
merchant. R. S. c. 45, § 15. 

The provisions of this chapter shall not apply to sales made 
to dealers by commercial travelers or selling agents in the usual 
course of business, nor to bona fide sales of goods, wares and 
merchandise by sample for future delivery, nor to hawkers on the 
streets or pedlers from vehicles. R. S. c. 45, § 16. 

Municipal and police courts and trial justices shall have juris- 
diction of all complaints and prosecutions under this chapter. 
R. S. c. 45, § 17. 



CHAPTER XC. 



PROPERTY EXEMPTED FROM ATTACHMENT AND 
EXECUTION. 

The following personal property is exempt from attachment 
and execution : 

First. The debtor's apparel ; household furniture necessary 
for himself, wife and children, not exceeding one hundred dollars 
in value, and one bed, bedstead, and necessary bedding for every 
two such persons. 

Second. All family portraits, Bibles, and schoolbooks in actual 
use in the family ; one copy of the statutes of the state, and a 
library, not exceeding one hundred and fifty dollars in value. 



688 PROPERTY EXEMPTED FROM ATTACHMENT, ETC. 

Third. All his interest in one pew in a meeting-house where 
he and his family statedly worship. 

Fourth. One cooking stove ; all iron stoves used exclusively 
for warming buildings ; charcoal, and not exceeding twelve cords 
of wood conve}^ed to his house for the use of himself and family ; 
all anthracite coal, not exceeding five tons ; all bituminous coal, 
not exceeding fifty bushels ; and ten dollars' worth of lumber, 
wood or bark. 

Fifth. All produce of farms until harvested ; one barrel of 
flour ; corn and grain necessary for himself and family, not 
exceeding thirty bushels ; all potatoes and other provisions 
raised or bought, and necessary for himself and family ; and all 
flax raised on a half acre of land, and all articles manufactured 
therefrom for the use of himself and family. 

Sixth. The tools necessary for his trade or occupation, mate- 
rials and stock designed and procured by him and necessary 
for carrying on his trade or business and intended to be used or 
wrought therein, not exceeding fifty dollars in value, and one 
sewing machine not exceeding one hundred dollars in value for 
actual use by himself or family. 

Seventh. One pair of working cattle, or instead thereof one 
pair of mules or one or two horses not exceeding in value three 
hundred dollars, and a sufficient quantity of hay to keep them 
through the winter season. If he has more than one pair of 
working cattle or mules, or if the two horses exceed in value 
three hundred dollars, he may elect which pair of cattle or mules 
or which horse shall be exempt. If he has a pair of mules or 
one or two horses so exempt, he may also have exempt for each 
of said horses or mules, one harness not exceeding twenty dol- 
lars in value ; and one horse sled not exceeding the same value ; 
but if he has at the same time an ox sled, he may elect which 
sled shall be exempt. 

Eighth. Domestic fowl, not exceeding fifty dollars in value, 
two swine, one cow, and one heifer under three years old, or if 
he has no oxen, horse or mule, two cows, and he may elect the 
cow or cows and heifer, if he has more than are exempt, ten 
sheep and the wool from them, and the lambs raised from them 
until they are one year old, and a sufficient quantity of hay to 
keep said cattle, sheep and lambs through the winter season. 

Ninth. One plough, one cart or truck wagon, or one express 
wagon, one harrow, one yoke with bows, ring and staple, two 
chains, one ox sled and one mowing machine. 



PROPERTY EXEMPTED EROM ATTACHMENT, ETC. 689 

Tenth. One boat not exceeding two tons burden, usually 
employed in fishing business, belonging wholly to an inhabitant 
of the state. 

Eleventh. The personal property of any co-partnership, or the 
interest of any co-partner therein shall be exempt from attach- 
ment on mesne process or seizure on execution for any individual 
debt or liability of such co-partner, but such co-partner's interest 
in the partnership property may be reached and applied in pay- 
ment of any judgment against him in the manner provided in 
section nine of chapter seventy-nine. R. S. c. 83, § 64. 

The shares of stock in a cemetery corporation are exempt from 
attachment (R. S. c. 20, § 19) ; also two shares of stock in a loan 
and building association (R. S. c. 48, § 57) ; life and accident 
policies and money due thereon (R. S. c. 49, §§ 106 and 130) ; 
money due from policies in fraternal beneficiary associations (R. 
S. c. 49, § 148) ; receipts of agricultural societies (R. S. c. 60, 
§26). 

A lot of land and dwelling-house and outbuildings thereon, 
the property of a householder in actual possession thereof and 
not the owner of an exempted lot purchased from the state, is 
exempt from attachment and levy on execution as provided in 
the following sections. R. S. c. 83, § 65. 

Such person may file in the registry of deeds in the county or 
district where the land lies, a certificate signed by him, declaring 
his wish for such exemption, and describing the land and build- 
ings ; and the register shall record it in a suitable book ; and so 
much of such property as does not exceed five hundred dollars 
in value, is exempt from attachment or levy on execution issued 
on a judgment recovered for any debt, contracted jointly or sev- 
erally by such person after the date of the recording thereof; 
and the record in the register's office is prima facie evidence that 
the certificate purporting to be there recorded, was made, signed 
and filed as there appears. R. S. c. 83, § 66. 

When such property is claimed by a creditor to be of greater 
value than five hundred dollars, it may be seized on execution, 
and the appraisers shall first set off such part thereof as the 
debtor may select, and if he neglects so to do, the officer may 
select for him, to such value, by metes and bounds ; and they 
shall then appraise and set off to the creditor, so much of the 
remainder as may be necessary to satisfy the execution ; the 
appraisers shall be sworn accordingly and the officer shall make 
return of his doings thereon. R. S. c. 83, § 67. 
44 



690 PROPERTY EXEMPTED FROM ATTACHMENT, ETC. 

After his death, the exempted premises shall not be sold for 
payment of his debts during the widowhood of his widow, or the 
minority of any of his children; but may be occupied by his 
widow during her widowhood and by his children during minor- 
ity, free from claim by any creditor of his estate. But this and 
the three preceding sections do not exempt such property from 
the lien of mechanics or material men. R. S. c. 83, § 68. 

Debtor must elect what he claims as exempt. 58 Me. 416. 

Pension money not exempt after it comes to pensioner's hands. 
77 Me. 25, 59. 

Property owned jointly not exempt. 82 Me. 164. 

Pair of working cattle belonging to partnership not exempt. 
lb. 



CHAPTER XCI. 



RIGHTS OF MARRIED WOMEN. 

A married woman, of any age, may own in her own right real 
and personal estate acquired by descent, gift or purchase ; and 
may manage, sell, convey, and devise the same by will, without 
the joinder or assent of her husband ; but such conveyance with- 
out the joinder or assent of the husband, shall not bar his right 
and interest by descent in the estate so conveyed. Real estate 
directly conveyed to her by her husband, cannot be conveyed by 
her without the joinder of her husband, except real estate con- 
veyed to her as securit} r or in payment of a bona fide debt actu- 
ally due to her from her husband. When payment was made 
for property conveyed to her from the property of her husband, 
or it was conveyed by him to her without a valuable considera- 
tion, it may be taken as the property of her husband to pay his 
debts contracted before such purchase. R. S. c. 63, § 1 ; 27 
Me. 130; 31 Me. 564; 32 Me. 33; 34 Me. 151, 542, 572; 35 
Me. 428 ; 36 Me. 70, 85 ; 37 Me. 396, 399 ; 41 Me. 573 ; 42 Me. 
116 ; 43 Me. 189 ; 45 Me. 445, 480 ; 47 Me. 134, 335 ; 48 Me. 
180, 346; 49 Me. 482; 50 Me. 93, 374; 51 Me. 50, 252, 348, 
357, 519; 53 Me. 47; 55 Me. 189, 247; 57 Me. 301, 562; 58 
Me. 141; 60 Me. 229; 62 Me. 271; 63 Me. 319, 321; 64 Me. 



RIGHTS OF MARRIED WOMEN. 691 

181; 65 Me. 444-5; 67 Me. 195 ; 69 Me. 252; 71 Me. 157 ; 
75 Me. 474, 260 ; 76 Me. 494 ; 77 Me. 524 ; 78 Me. 18 ; 80 Me. 
279, 478: 81 Me. 23, 376; 82 Me. 264; 84 Me. 362, 541; 88 
Me. 22; 91 Me. 553; 96 Me. 530 ; 97 Me. 494; 100 Me. 508. 

A woman, having property, is not deprived of any part of the 
same by her marriage, since April twenty-one, eighteen hundred 
and forty-four; and a husband, by marriage since that time, 
acquires no right to any property of his wife. His rights acquired 
before that time are not affected by this chapter. A married 
woman may release to her husband the right to control her prop- 
erty, or any part of it, and to dispose of the income thereof for 
their mutual benefit, and may in writing revoke the same. R. S. 
c. 63, § 2; 48 Me. 268; 63 Me. 521: 64 Me. 181; 68 Me. 104, 
277; 69 Me. 252; 71 Me. 134; 72 Me. 116,; 81 Me. 376 ; 91 
Me. 553. 

She may receive the wages of her personal labor, not performed 
for her own family, maintain an action therefor in her own name, 
and hold them in her own right against her husband or any 
other person. R. S. c. 63, § 3 ; 58 Me. 55 ; 64 Me. 181 ; 66 
Me. 184; 76 Me. 524; 80 Me. 348; 88 Me. 22; 91 Me. 553. 

A husband married since April twenty-six, eighteen hundred 
and fifty-two, is not liable [for the debts of his wife contracted 
before marriage, nor for those contracted afterward in her own 
name, for any lawful purpose ; nor is he liable for her torts com- 
mitted after April twenty-six, eighteen hundred and eighty-three, 
in which he takes no part ; but she is liable in all such cases ; 
a suit may be maintained against her therefor, and her property 
may be attached and taken on execution for such debts and for 
damages for such torts, as if she were sole ; but she cannot be 
arrested. R. S. c. 63, § 4 ; 41 Me. 245 ; 42 Me. 116 ; 55 Me. 
516; 57 Me. 547; 63 Me. 409; 64 Me. 181; 65 Me. 222; 69 
Me. 110, 252; 76 Me. 426; 80 Me. 537; 82 Me. 260; 91 Me. 
546; 95 Me. 107; 96 Me. 533. 

She may prosecute and defend suits at law or in equity, either 
of tort or contract, in her own name, without the joinder of her 
husband, for the preservation and protection of her property and 
personal rights, or for the redress of her injuries, as if unmarried, 
or may prosecute such suits jointly with her husband, and the 
husband shall not settle or discharge any such action or cause of 
action without the written consent of the wife. Neither of them 
can be arrested on such writ or execution, nor can he alone 
maintain an action respecting his wife's property. R. S. c. 63, 



692 RIGHTS OF MARRIED WOMEN. 

§ 5; 33 Me. 197; 35 Me. 339; 46 Me. 298; 51 Me. 79; 54 
Me. 159 ; 55 Me. 247, 359 ; 58 Me. 55 ; 67 Me. 309 ; 68 Me. 
104, 277; 70 Me. 382; 76 Me. 423; 80 Me. 537; 84 Me. 82; 
88 Me. 22; 91 Me. 553. 

When a married woman dies intestate, her property, real and 
personal, descends as provided in chapter seventy-seven ; and 
administration and distribution may take place accordingly ; but 
a husband and wife, by a marriage settlement executed in 
presence of two witnesses before marriage, may determine what 
rights each shall have in the other's estate during the marriage, 
and after its dissolution by death, and may bar each other of all 
rights in their respective estates not so secured to them. R. S. 
c. 63, § 6; see also R. S. c. 77, §§ 9-12; 45 Me. 262; 69 Me. 
251 ; 82 Me. 237 ; 95 Me. 77 ; 96 Me. 533. 

Any person who shall without lawful excuse desert his wife 
when such wife is in destitute or necessitous circumstances or 
any person who being able by means of his property or labor to 
provide for the necessary support and maintenance of his wife, 
shall willfully neglect or refuse to provide such support and 
maintenance when such wife is in destitute or necessitous cir- 
cumstances, or any person who shall without lawful excuse 
desert his or her minor child or children under the age of six- 
teen, or who being able by means of his or her property or labor 
to provide for the necessary support and maintenance of his or 
her minor child or children under said age shall willfully neglect 
or refuse to provide such support and maintenance when such 
child or children are in destitute or necessitous circumstances, 
shall be deemed guilty of a felony, and on conviction thereof 
shall be punished by a fine not more than five hundred dollars 
or by imprisonment with or without hard labor for not more 
than two years or by both such fine and imprisonment; and 
should a fine be imposed it may be directed by the court to be 
paid in whole or in part to the wife or to the guardian or custo- 
dian of the minor child or children ; provided that before the 
trial, with the consent of the defendant or after conviction, 
instead of imposing the punishment hereinbefore provided, or in 
addition thereto, the court in its discretion having regard to the 
circumstances and to the financial ability or earning capacity of 
the defendant, shall have the power to make an order, which 
shall be subject to change by it from time to time as circum- 
stances may require, directing the defendant to pay a certain 
sum weekly for the space of one year to the wife, or to the 
guardian or custodian of the minor child or children, or to an 



RIGHTS OF MARRIED WOMEN. 693 

organization or individual approved by the court, as trustee, and 
to release the defendant from custody on probation for the space 
of one year upon his or her entering into a recognizance, with 
sureties, in such sum as the court may direct. The condition of 
the recognizance shall be such that if the defendant shall make 
his or her personal appearance in court whenever ordered to do 
so within the year, and shall further comply with the terms of 
the order and of any subsequent modification thereof, then the 
recognizance shall be void, otherwise in full force and effect. If 
the court shall be satisfied by information and due proof, under 
oath, that at any time during the year the defendant has violated 
the terms of such order, it may forthwith proceed with the trial 
of the defendant under £he original indictment, or sentence him 
under the original conviction, or enforce the original sentence, 
as the case may be. In case of forfeiture or a recognizance, and 
enforcement thereof by execution, the sum recovered may, in 
the discretion of the court, be paid in whole or in part to the 
wife or to the guardian or custodian of the minor child or chil- 
dren. P. L. 1909 c. 178, § 1. 

All fines or penalties provided for by the terms of this act 
may be recovered or enforced by indictment. The supreme 
judicial and superior courts shall have original and concurrent 
jurisdiction, in all cases under the provisions hereof. Provided 
that judges of municipal and police courts and trial justices, may 
cause persons brought before them on complaint under the pro- 
visions of this act to recognize with sufficient sureties to appear 
before the supreme judicial courts, and in default thereof shall 
commit them. P. L. 1909 c. 178, § 2. 



CHAPTER XCIL 



INTEREST. 

In the absence of an agreement in writing, the legal rate of 
interest is six per cent a year. R. S. c. 46, § 1 ; 66 Me. 219, 
283; QS Me. 526; 73 Me. 471; 102 Me. 506. 

All loans contracted after March eleven, eighteen hundred and 
ninety-nine, for less than two hundred dollars, secured by mort- 
gage, conveyance, or pledge of personal property, shall be dis- 



694 INTEREST. 

chargeable by the debtor upon payment or tender of the principal 
sum actually borrowed, and interest at the rate specified therein, 
which shall not exceed three per cent a month for a period not 
exceeding three months, and thereafter not exceeding the rate of 
fifteen per cent a year ; no renewal thereof to bear a greater rate 
than fifteen per cent a year. A sum not exceeding three dollars 
for the actual expense of making the loan and in securing the 
same may be charged and collected. And all loans made in vio- 
lation of this act shall bear interest at the rate of six per cent 
only, and all payments made in excess of six per cent interest on 
loans so made in violation hereof shall be applied to the discharge 
of the principal ; and, in case a greater sum has been paid by the 
borrower than the amount of the principal and interest at six per 
cent on loans so made in violation hereof, may be recovered from 
the person loaning the money, whether principal or agent, by the 
borrower, in an action on the case. R. S. c. 46, § 2. 

When a loan for less than two hundred dollars is secured by 
mortgage or pledge of personal property the creditor shall dis- 
charge such mortgage and restore such pledge upon payment or 
tender to him of the amount due him under the preceding sec- 
tion, and such payment or tender may be made by the debtor or 
by any person having an interest in the property pledged or mort- 
gaged. R. S. c. 46, § 3. 

No mortgage of household furniture made to secure a loan 
under the provisions of section two shall be valid unless it states 
with substantial accuracy the amount of the loan, the time for 
which the loan is made, the rate of interest to be paid and the 
actual expense of making and securing the loan. R. S. c. 46, § 4. 

Whoever refuses or neglects after a request, to discharge a 
mortgage or to restore the property held as a pledge as provided 
in section three, shall be liable in an action of tort by the debtor 
or by any person having an interest in the property pledged or 
mortgaged for all damages resulting to him for any violation of 
said section three. R. S. c. 46, § 5. 

The four preceding sections shall not be construed to apply to 
licensed pawnbrokers nor to affect section one of this chapter. 
R. S. c. 46, § 6. 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 695 



CHAPTER XC1IL 



MORTGAGES OF PERSONAL PROPERTY. LIENS AND 
THEIR ENFORCEMENT. 

No mortgage of personal property is valid against any other 
person than the parties thereto, unless possession of such prop- 
erty is delivered to, and retained by the mortgagee, or the mort- 
gage is recorded by the clerk of the city, town or plantation 
organized for any purpose, in which the mortgagor resides, when 
the mortgage is given. When all the mortgagors reside without 
the state, the mortgage shall be recorded in said city, town or 
plantation, where the property is when the mortgage is made ; 
but if a part of the mortgagors reside in the state, then in the 
cities, towns or plantations in which such mortgagors reside, 
when the mortgage is given. A mortgage made by a corpora- 
tion, shall be recorded in the town where it has its established 
place of business. If any mortgagor resides in an unorganized 
place, the mortgage shall be recorded in the oldest adjoining 
town or plantation, organized as aforesaid, in the county. R. S. 
c. 93, § 1 ; 19 Me. 169 ; 21 Me. 92 : 22 Me. 561 ; 24 Me. 108, 558 ; 
25 Me. 421 ; 27 Me. 404 ; 30 Me. 184 ; 31 Me. 74 ; 32 Me. 30, 
237 ; 33 Me. 319 ; 34 Me. 209 ; 37 Me. 186, 545 ; 40 Me. 413, 
562; 42 Me. 131, 174; 44 Me. 18; 45 Me. 605; 46 Me. 296, 
415 ; 47 Me. 13, 505 ; 48 Me. 30, 369, 550, 586 ; 49 Me. 98, 567 ; 
50 Me. 129, 396 ; 51 Me. 601 ; 53 Me. 321 ; 55 Me. 81 ; 56 Me. 
464; 59 Me. 320; 65 Me. 490 ; 72 Me. 400 ; 73 Me. 198 ; 83 
Me. 528 ; 87 Me. 171 ; 92 Me. 69 ; 97 Me. 363 ; 100 Me. 286, 
512. 

The clerk shall record all such mortgages delivered to him, in 
a book kept for that purpose, noting therein, and on the mort- 
gage, the time when it was received ; and it shall be considered 
as recorded when received. No consent given by the mortgagee 
of personal property to the mortgagor, on and after January one, 
nineteen hundred and five, for the sale or exchange of the mort- 
gaged personal property shall be valid or be used in evidence in 
civil process unless in writing and signed by the mortgagee or 



his i 


assigns. 


R. S 


186 


; 40 Me. 


285: 


Me. 


227. 





696 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

c. 93, § 2; 19 Me. 173; 31 Me. 74: 37 Me. 
43 Me. 376 ; 73 Me. 250 ; 81 Me. 299 ; 97 

When the condition of a mortgage of personal property is 
broken, the mortgagor, or person lawfully claiming under him, 
may redeem it at any time before it is sold, by virtue of a con- 
tract between the parties, or on execution against the mortgagor, 
or before the right of redemption is foreclosed, as hereinafter pro- 
vided, by paying or tendering to the mortgagee, or the person 
holding the mortgage by assignment thereof, recorded where the 
mortgage is recorded, the sum due thereon, or by performing, or 
offering to perform the conditions thereof, when not for the pay- 
ment of money, with all reasonable charges incurred; and the 
property, if not immediately restored, may be replevied, or dam- 
ages for withholding it recovered in an action on the case. R. S. 
c. 93, § 3 ; 49 Me. 39 ; 54 Me. 561 ; 64 Me. 107 ; 73 Me. 199 ; 
77 Me. 355 ; 95 Me. 227. 

The mortgagee or his assignee, after condition broken, may give 
to the mortgagor or his assignee, when his assignment is recorded 
where the mortgage is recorded, written notice of his intention to 
foreclose the same, by leaving a copy thereof with the mortgagor 
or such assignee, or if the mortgagor cannot be found by reason- 
able diligence or is out of the state, although resident therein, by 
leaving such copy at his last and usual place of abode, or by pub- 
lishing it once a week, for three successive weeks in one of the 
principal newspapers published in the town where the mortgage 
is recorded. When the mortgagor or his assignee of record is 
not a resident of the state and no newspaper is published in such 
town, such notice may be published in any newspaper printed in 
the county where the mortgage is recorded. R. S. c. 93, § 4; 59 
Me. 420; 73 Me. 199. 

The notice with an affidavit of service, or a copy of the last 
publication, with the name and date of the paper containing it, 
shall be recorded where the mortgage is recorded, and the copy 
of such record is evidence that the notice has been given. If 
the mortgagee or his assignee is not a resident of the state, he 
shall at the time of recording such notice, record therewith his 
appointment of an agent resident in the same town, to receive 
satisfaction of the mortgage ; and payment or tender thereof may 
be made to him. If he does not appoint such agent, the right 
to redeem is not forfeited. R. S. c. 93, § 5. 

The right to redeem shall be forfeited, except as provided in 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 697 

the preceding sections, if the money to be paid or other thing to 
be done is not paid or performed, or tender thereof made, within 
sixty days after such notice is recorded ; but nothing in the pre- 
ceding sections defeats a contract of bottomry, respondentia, 
transfer, assignment or hypothecation of a vessel or goods, at 
sea or abroad, if possession is taken as soon as may be after their 
arrival in the state. R. S. c. 93, § 6 ; 24 Me. 136 ; 29 Me. 432 ; 
31 Me. 106 ; 32 Me. 174 ; 36 Me. 49 ; 39 Me. 450 ; 55 Me. 81 ; 
59 Me. 420. 

All domestic vessels shall be subject to a lien to any part 
owner or other person to secure the payment of debts contracted 
and advances made for labor and materials necessary for their 
repair, provisions, stores and other supplies necessary for their 
employment, and for the use of a wharf, dry dock' or marine rail- 
way, provided, that such lien shall in no event continue for a 
longer period than two years from the time when the debt was 
contracted or advances made. R. S. c. 93, § 7 ; 80 Me. 530 ; 
21 Wall. 558. 

Whoever furnishes labor or materials for building a vessel, 
has a lien on it therefor, which may be enforced by attachment 
thereof, within four days after it is launched ; but if the labor 
and materials have been so furnished by virtue of a contract not 
fully completed at the time of the launching of the vessel, the 
lien may be enforced within four days after such contract has 
been completed. He also has a lien on the materials furnished, 
before they become part of the vessel, which may be enforced by 
attachment ; and the owners of any dry dock or marine railway, 
used for any vessel, have a lien on said vessel for the use of 
said dock or railway, to be enforced by attachment within four 
days after the last day in which the same is used or occupied by 
said vessel. R. S. c. 93, § 8 ; 33 Me. 479 ; 34 Me. 206 ; 36 
Me. 387 ; 40 Me. 292, 411 ; 41 Me. 399 ; 42 Me. 81, 147 ; 58 
Me. 98; 61 Me. 567; 69 Me. 235; 70 Me. 351; 71 Me. 464, 
494; 72 Me. 129; 80 Me. 522. 

The form of a writ for enforcing such lien, shall be in sub- 
stance as follows : 

State of Maine. 



To the sheriff of our county of , or his deputy, 

GREETING. 
[L. S.] 

We command you to attach the vessel [here give such a description of the 
■vessel as will identify it] and summon all persons interested, in the manner 



698 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

directed by law, to appear before our justices of our court, next to be- 
held at , within and for our county of , on the Tuesday of 

next, then and there in our said court to answer to A. B., of , who 

claims a lien on said vessel for [here describe briefly the nature of the lien] to 

the amount of dollars and cents, according to the specification 

hereto annexed, which amount, C. D., of , who owes the same, neglects 

and refuses to pay, to the damage of said A. B., as he says, the sum of 

dollars, which shall then and there be made to appear, with other due dam- 
ages; and have you there this writ with your doings thereon. 

Witness, , Esquire, our , at , on the day of , in the- 

year of our Lord, nineteen hundred and . 

E. F., Clerk. 

Said writ shall be signed, sealed and tested like other writs in 
civil actions, and returned in the county where said vessel is- 
R. S. c. 93, § 9 ; 61 Me. 567 ; 69 Me. 237. 

The specification annexed to the writ, shall contain a just r 
true and particular account of the demand claimed to be due the 
plaintiff, with all just credits ; the names of the persons person- 
ally liable to him, and names of the owners of the vessel if 
known to him, and it shall be verified by the oath of one plaint- 
iff, or of some person in his behalf, that the amount claimed in 
said specification is justly due from the person named in the 
writ and specification as owing it, and that he believes that by 
the law of the state, he has a lien on such vessel for the whole 
or a part thereof. R. S. c. 93, §10; 61 Me. 588; 69 Me. 237. 

If the vessel at the time is on the stocks, the attachment shall 
be made by filing in the office of the clerk of the town in which 
such vessel is, within forty-eight hours thereafter, a copy of so 
much of his return on the writ, as relates to the attachment, with 
the name of the plaintiff, the name of the person liable for the 
debt, the description of the vessel as given in the writ, the date 
of the writ, the amount claimed and the court to which it is 
returnable, and by leaving a copy of such certificate with one of 
the owners of the vessel, if known to him and residing within 
his precinct, or with the master workman thereon; if the attach- 
ment is so made, the officer need not take possession of the ves- 
sel before it is launched, unless specially directed by the plaintiff 
or his attorney to do so ; but he shall, as soon as may be, after- 
wards ; he may take possession at any time before it is launched ; 
but if he does, he shall not hinder the work thereon, or prevent 
or delay the launching. If at the time of attachment, the vessel 
is launched, it shall be attached like other personal property. 
And whenever a vessel has been attached as aforesaid, and the 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 699 

expense of retaining possession of said vessel is great, or the 
vessel is liable to depreciate in value by reason thereof, any 
attaching creditor, or an owner of said vessel may in term time 
or vacation, petition a justice of the supreme judicial court, pray- 
ing that said vessel attached as aforesaid, may be sold, and said 
justice may order a hearing thereon ; and due notice shall be 
given to all parties in interest, of the time and place appointed 
for said hearing, and a hearing on said petition shall be had 
before a justice of said court ; and if it then appears to said jus- 
tice to be for the benefit of all parties in interest that said vessel 
should be sold, he shall issue to the officer in possession of the 
same, or to the sheriff of the county in which said vessel has 
been attached, an order to sell it at public auction, and shall 
designate in said order the notice to be given of the time and 
place of said sale ; and said vessel shall be sold pursuant to said 
order, and the proceeds of such sale, after deducting necessary 
expenses, shall be held by the first attaching officer or the sheriff, 
subject to the successive attachments, as if sold on execution ; 
provided, however, that if said parties do not consent to a sale as 
herein provided, the provisions of sections thirty-two to forty- 
one, inclusive, of chapter eighty-three, so far as the same are 
applicable, shall apply to proceedings under this section. R. S. 
c. 93, § 11 ; 58 Me. 99 ; 15 Me. 444. 

The writ shall be served on persons named as personally liable 
for the plaintiff's claim, as in other personal actions against them, 
or on the owners of the vessel, who are known or reside in the 
county where the vessel is, by a notice in substance, as follows,, 
and served as summonses are : 



ss. 



To the owners of the ship or vessel [describe it as in writ], 

GREETING. 

Take notice that the above described vessel is attached on a writ in favor 

of , who claims alien thereon for the sum of dollars and cents 

[naming the amount of the claim], due him by C. D., and that said writ is 

returnable to the court at the term to be held at , in and for the 

county of , on the Tuesday of , A. D. 19 — , when and where 

you may appear and defend if you see fit. 

Dated, etc. 

G. H., Sheriff [or Deputy Sheriff]. 

and by a notice in like form posted in some conspicuous place 
on the vessel attached. The attachment, service and notices 
shall be made fourteen days at least before the term of the court 
to which the writ is returnable. R. S. c. 93, § 12. 



700 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

On all writs made after the first attachment and while any 
lien attachment is pending, the attachment and services shall be 
made as aforesaid by the same officer, or, if he is disqualified, by 
any qualified officer, by his giving notice thereof to the first 
attaching officer. R. S. c. 93, § 13. 

At the return term, the actions shall be entered on the docket 
as follows : The person claiming the lien, as plaintiff ; the per- 
son alleged to be personally liable, as defendant, and the name 
or other description of the vessel attached ; and the owners or 
mortgagees of the vessel, or any plaintiff in a suit wherein it is 
attached for a lien, may appear and defend any action so far as 
relates to the validity and amount of the lien claim ; but no such 
plaintiff shall so defend until he gives bond, to the satisfaction 
of the court, to pay the costs awarded against him. R. S. c. 93, 
§ 14. 

The defendant may offer to be defaulted as in other cases ; 
and the owners of the vessel may admit, in writing filed with the 
clerk, that a certain sum is due the plaintiff as a lien on the ves- 
sel : and if the plaintiff does not recover a greater sum as lien, 
he recovers no costs against such owner or the vessel or its pro- 
ceeds, after the admission is filed ; but such owner recovers costs 
thereafter. R. S. c. 93, § 15 ; 58 Me. 100 ; 69 Me. 240. 

The court, except as provided in the preceding section, may 
decide all questions of costs and apportion them as they think 
proper, as in cases in equity. R. S. c. 93, § 16 ; 61 Me. 498. 

At the request of either party, the following questions of fact 
shall be submitted to a jury: "What amount claimed in the 
writ is due from the defendant to the plaintiff?" and "For how 
much of such amount has the plaintiff a lien on the vessel 
attached ?" And the verdict shall be in answer to these ques- 
tions. If the parties waive a jury trial, these questions shall be 
decided by the court, on a hearing or report of an auditor 
appointed by the court. R. S. c. 93, § 17 ; 58 Me. 100 ; 69 Me. 
240. 

Upon ascertaining the amount aforesaid, judgment shall be 
rendered in his favor against the defendant, as in other personal 
actions, for the amount found not to be a lien on the vessel, with 
such costs as the court awards ; and a separate judgment shall 
be rendered in his favor against said defendant and the vessel 
attached, for the amount decided to be a lien, with such costs 
as the court awards ; and separate executions shall be issued 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 701 

thereon. R. S. c. 93, §18; 58 Me. 100; 61 Me. 567; 69 Me. 
240. 

Parties have the same right of exceptions, motions for new 
trial and writs of error, as in other actions. R. S. c. 93, § 19. 

When judgment is recovered in any suit on which a vessel 
was attached, the court may issue an order, to the attaching 
officer to sell it at auction, and to pay the proceeds thereof into 
court after deducting the expenses of sale and for taking care of 
the vessel while under attachment. Such officer shall sell it as 
other personal property is sold on execution ; and the purchaser 
shall hold it free from any prior claim. R. S. c. 93, § 20; 58 
Me. 100 ; 61 Me. 567 ; 76 Me. 447. 

If such proceeds are more than all the judgments recovered 
against such vessel, and the amounts claimed in the undecided 
suits, the court may order the judgments, as fast as they are 
recovered against said vessel, to be paid from said fund until all 
such suits are terminated and all judgments satisfied. The bal- 
ance, if any, the court may, on petition, order to be paid to the 
persons legally entitled thereto. R. S. c. 93, § 21 ; 76 Me. 447. 

If such proceeds are not enough to pay in full the judgments 
recovered and the claims still undecided, the court may order 
the money to remain until all the suits are terminated, and then 
divide pro rata ; or it may direct a sufficient amount to be 
retained to pay on the undecided claims their proportion, and 
divide the residue ratably among the judgments recovered, and 
if, after all the suits are terminated and the judgments recovered 
subsequent to the first division have received the same propor- 
tion as prior judgments, there is any sum remaining, it shall be 
divided among the judgments pro rata, and in such division the 
court shall make such orders as will prevent the enforcement of a 
double lien, and will secure the just rights of all. R. S. c. 93, 
§ 22. 

If the vessel has been already attached by a sheriff or his 
deputy, when a writ is issued for such lien claim, such writ shall 
be served by such officer ; if attached by a constable, he shall 
give up to the officer having the lien writ, the possession and the 
precept upon which he attached it with his return of the facts 
thereon ; and the attachment shall hold subject to the legal 
priorities of the lien claim. R. S. c. 93, § 23 ; 61 Me. 567. 

A vessel attached for a lien claim, may be attached by the 
same officer, in the ordinary manner, in a suit against the owners 



702 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

thereof, and such attachment shall be valid, subject to the legal 
priorities of the lien attachments. R. S. c. 93, § 24. 

When a vessel attached for liens, and also in the ordinary 
manner, is sold by order of the court, and the proceeds are more 
than sufficient to satisfy the lien judgments, the surplus shall be 
paid to the officer, to be held upon the writs not founded on the 
lien claims. R. S. c. 93, § 25. 

The court like a court in admiralty, may make all orders 
necessary for carrying out the provisions hereof, according to 
their true intent and meaning. R. S. c. 93, § 26. 

Whoever digs, hauls or furnishes rock for the manufacture of 
lime, has a lien thereon for his personal service, and on the rock 
so furnished, for thirty days after such rock is manufactured 
into lime, or until such lime is sold or shipped on board a 
vessel ; whoever labors in quarrying or cutting and dressing 
granite in any quarry, has a lien for his wages on all the gran- 
ite quarried or cut and dressed in the quarry by him, or his 
co-laborers, for thirty days after such granite is cut 'and dressed, 
or until such granite is sold or shipped on board a vessel ; and 
whoever labors in mining, quarrying or manufacturing slate in 
any quarry, has a lien for the wages of his labor on all slate 
mined, quarried or manufactured in the quarry by him or his 
co-laborers for thirty days after the slate arrives at the port of 
shipment, and until it has been shipped on board a vessel or 
laden in a car ; such liens have precedence of all other claims, 
and may be enforced by attachment within the times aforesaid. 
R. S. c. 93, § 27 ; 72 Me. 423 ; 73 Me. 161, 209. 

Whoever performs labor, or furnishes labor or wood for man- 
ufacturing and burning bricks has a lien on such bricks for such 
labor and wood, for thirty days after the same are burned, suit- 
able for use, provided, that said bricks remain in the yard where 
burnt ; such lien shall have precedence of all other claims and of 
all attachments and encumbrances not made to secure a similar 
lien and may be enforced by attachment within the time afore- 
said. R. S. c. 93, § 28 ; 78 Me. 227. 

Whoever performs labor or furnishes labor or materials in 
erecting, altering, moving or repairing a house, building or 
appurtenances, or in constructing, altering or repairing a wharf, 
or pier, or any building thereon, by virtue of a contract with or 
by consent of the owner, has a lien thereon, and on the land on 
which it stands and on any interest such owner has in the same, 
to secure payment thereof, with costs. If the owner of the 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 703 

building has no legal interest in the land oh which the building 
is erected, or to which it is moved, the lien attaches to the build- 
ing, and if the owner of the wharf or pier has no legal interest 
in the land on which the wharf or pier is erected, the lien attaches 
to the wharf or pier, and in either case may be enforced as here- 
inafter provided, and if the owner of such land, building, wharf 
or pier so contracting, is a minor or married woman, such lien 
shall exist, and such minority or coverture shall not bar a recov- 
ery in any proceeding brought to enforce it. R. S. c. 93, § 29 ; 
16 Me. 273; 28 Me. 520; 33 Me. 144, 374; 34 Me. 199; 35 
Me. 74, 297, 482 ; 52 Me. 301; 54 Me. 348; 71 Me. 292; 73 
Me. 353; 74 Me. 552; 75 Me. 76; 83 Me. 136, 503; 85 Me. 
336, 359; 87 Me. 274; 91 Me. 116, 559; 92 Me. 22; 97 Me. 
99; 103 Me. 67. 

If the labor or materials were not furnished by a contract with 
the owner of the property affected, the owner may prevent such 
lien for labor or materials not then performed or furnished by 
giving written notice to the person performing or furnishing the 
same, that he will not be responsible therefor. R. S. c. 93, 
§30; 73 Me. 354 ; 75 Me. 79 ; 87 Me. 276; 103 Me. 67. 

The lien mentioned in the preceding section shall be dissolved 
unless the claimant within sixty days after he ceases to labor or 
furnish materials as aforesaid, files in the office of the clerk of 
the town in which such building, wharf or pier is situated, a 
true statement of the amount due him, with all just credits 
given, together with a description of the property intended to 
be covered by the lien, sufficiently accurate to identify it, and 
the names of the owners, if known ; which shall be subscribed 
and sworn to by the person claiming the lien, or by some one in 
his behalf, and recorded in a book kept for that purpose, by said 
clerk, who is entitled to the same fees therefor as for recording 
mortgages, but this section shall not apply where the labor or 
materials are furnished by a contract with the owner of the 
property affected. R. S. c. 93, § 31 ; 72 Me. 108 ; 79 Me. 285 ; 
83 Me. 136, 503 ; 85 Me. 336 ; 91 Me. 116, 559 ; 94 Me. 534. 

No inaccuracy in such statement relating to said property, if 
the same can be reasonably recognized, or in stating the amount 
due for labor or materials, invalidates the proceedings, unless it 
appears that the person making it willfully claims more than his 
due. R. S. c. 93, § 32; 83 Me. 138, 503. 

The liens mentioned in the four preceding sections may be 
preserved and enforced by bill in equity against the debtor and 



704 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

owner of the property affected, and all other parties interested 
therein, filed with the clerk of courts, in the county where the 
house, building or appurtenances, wharf, pier or building thereon, 
on which lien is claimed, is situated, within ninety days after the 
last of the labor is performed, or labor or materials are so fur- 
nished, and not afterwards, except as provided in the following 
section. R. S. c. 93, § 33; 35 Me. 297; 54 Me. 350; 71 Me. 
293; 79 Me. 285; 87 Me. 436; 89 Me. 231; 91 Me. 424. 

When the owner dies, is adjudicated a bankrupt or a warrant 
in insolvency issues against his estate within the ninety days and 
before the commencement of a suit, the action in law or equity 
may be commenced within sixty days after such adjudication, or 
after notice given of the election or appointment of the assignee 
in insolvency, executor or administrator, or the revocation of the 
warrant ; and the lien shall be extended accordingly. R. S. c* 
93, § 34; 89 Me. 231. 

The bill shall state that the plaintiff claims a lien on the 
house, building or appurtenances, or on the wharf, pier or build- 
ing thereon, as the case ,may be, described therein, and the land 
on which it stands, for labor performed, or for labor or materials 
furnished, in erecting, altering, moving or repairing said house, 
building or appurtenances, or in constructing, altering or repair- 
ing said wharf, pier or building thereon, as the case may be ; 
whether it was by virtue of a contract with, or by consent of the 
owner, and if not, that the claimant has complied with the pro- 
visions of section thirty-one. And the bill shall pray that the 
property be sold and the proceeds applied to the discharge of 
such lien. Two or more lienors may join in filing and prose- 
cuting such a bill. Other lienors may be made parties ; other 
lienors may become parties, and preserve and enforce their liens 
on said property, provided, their petitions therefor, setting forth 
their claims in substance, as required in a bill as aforesaid, be 
filed with the clerk within ninety days after the last labor is 
performed, or the last labor or materials are furnished by them, 
as aforesaid, or within the additional time prescribed in the pre- 
ceding section. The court may consolidate two or more bills 
claiming liens on the same property, into one proceeding, if 
justice shall so require. Any mortgagee or other person having 
a claim upon, or interested legally or equitably in said property, 
may be made a party. The court shall have power to determine 
all questions of priority of lien or interest, if any, between par- 
ties to the proceeding. R. S. c. 93, § 35. 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 705 

The court shall determine the amount for which each lienor 
has a lien upon the property, by jury trial, if either party so 
requests in bill, petition or answer ; otherwise in such manner as 
the court shall direct. And such determination shall be con- 
elusive as to the fact and amount of the lien subject to appeal 
and exceptions according to the practice in equity. Any lienor 
may contest another lienor's claim upon issues framed under 
direction of the court. R. S. c. 93, § 36. 

If it is determined that the parties or any of them, claiming a 
lien, have a lien upon said building and land, or upon said wharf, 
pier, building and land, the court may decree that said property, 
or such interest in it as is subject to the liens, or any of them, 
shall be sold, and shall prescribe the place, time, terms, manner 
and conditions of such sale ; any justice, in term time or vaca- 
tion, may order an adjournment of such sale from time to time ; 
and a deed of the officer of the court, appointed to make such 
sale, recorded in the registry of deeds where the land lies, within 
three months after the sale, shall convey all the title of the 
debtor and the owner in the property ordered to be sold. If jus- 
tice requires, the court may provide in the order of sale, that 
the owner shall have a right to redeem the property from such 
sale within a time fixed in the order of sale. If the court shall 
determine that the whole of the land, on which the lien exists is 
not necessary therefor, it shall describe in the order of sale a 
suitable lot therefor; and only so much shall be sold. The 
lienors shall share, pro rata ; provided, their bills or petitions 
therefor are filed with the clerk of courts prior to the order of 
sale, and within the time mentioned in sections thirty-three, 
thirty-four and thirty-five. The court may make such decree in 
regard to costs as is equitable. R. S. c. 93, § 37. 

If the proceeds of the sale after payment of costs and expenses 
of sale, are insufficient to pay the lien claims and costs in full, 
the court may render judgment against the debtor in favor of 
each individual lienor, for the balance of his claim and costs 
remaining unpaid, and may issue executions therefor. If the 
proceeds of sale after the payment of costs and expenses of sale, 
are more than sufficient to pay the lien claims and all costs in 
full, the balance remaining shall be paid to the person or persons 
legally or equitably entitled thereto. R. S. c. 93, § 38. 

When any bill or petition provided for in this chapter in 
which a lien is claimed on real estate is filed with the clerk, he 
shall forthwith file a certificate, setting forth the names of the 

45 



706 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

parties, the date of the bill or petition, and of the filing thereof, 
and a description of the said real estate as described in said bill 
or petition, in the registry of deeds for the county or district in 
which the land is situated. R. S. c. 93, § 39. 

In addition to the remedy hereinbefore provided, the liens 
mentioned in sections twenty-nine, thirty, thirty-one and thirty- 
two may be enforced by attachment in actions at law commenced 
in any court having jurisdiction, in the county where the prop- 
erty, on which a lien is claimed is situated, which attachment 
shall be made within ninety days after the last of the labor is 
performed, or labor or materials are furnished, and not after- 
wards, except as provided in section thirty-four. R. S. c. 93, 
§40; 35 Me. 297; 54 Me. 350; 71 Me. 293; 79 Me. 285; 87 
Me. 436 ; 89 Me. 231 ; 91 Me. 424. 

Any owner of a building, wharf, pier or real estate, upon 
which a lien is claimed, may petition in writing a justice of the 
supreme judicial court in term time or vacation, setting forth the 
name of the lienor, the court and county in which the bill in 
equity or action at law is returnable or pending, the fact that a 
lien is claimed thereon under sections twenty-nine, thirty, thirty- 
one and thirty-two of this chapter, the particular building, wharf, 
pier or real estate, and his interests therein, its value and his 
desire to have it released from said lien. Such justice shall issue 
a written notice, which shall be served on the lienor, or his 
attorney, ten days at least, prior to the time fixed therein for a 
hearing. At the hearing, such justice may order such owner to 
give bond to the lienor, in such amount and with such sureties 
as he may approve, conditioned to pay the amount, for which 
such lienor may be entitled to a lien, as determined by the court, 
with his costs on the petition, within thirty days after final 
decree or judgment. The clerk shall give the petitioner an 
attested copy of the petition and proceedings, with a certificate 
under seal of the court attached thereto, that such bond has been 
duly filed in his office ; and the record of such copy and certifi- 
cate in the registry of deeds, in the county where such real estate 
or interest therein lies, vacates the lien. R. S. c. 93, § 41. 

When two or more proceedings, either at law or in equity, are 
pending at the same time, in whatever court or courts, to enforce 
liens on the same house, building or appurtenances, wharf, pier 
and building thereon, upon petition of any lienor who has com- 
menced such proceedings, or of the owner of the building, wharf 
or pier, a justice of the supreme judicial court after notice and 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 707 

hearing, in term time or vacation, may, if justice requires it, 
order all such actions not then pending in the supreme judicial 
court to be transferred thereto, and require the parties in all 
such proceedings, in whatever court commenced, to plead in 
equity, substantially in the manner prescribed in section thirty- 
five, and thereafter all the proceedings shall be in accordance 
with the provisions of said section and the five following sec- 
tions ; and while such petition is pending all such actions shall 
stand continued. R. S. c. 93, § 42. 

When a judgment is rendered in any suit authorized by this 
chapter, against any house, building or appurtenances, wharf, 
pier or building thereon, and the land on which it stands, or any 
interest that the owner of such house, building or appurtenances, 
wharf or pier has in such land, said property shall be taken and 
sold on execution in the same manner that rights of redeeming 
mortgaged real estate may be taken and sold. If two or more 
such judgments are rendered at the same term of the same court, 
the court shall direct in writing on which execution the property 
shall be sold, and in that event, and also in the event that the 
officer holding any execution recovered under the provisions of 
this chapter shall be notified in writing by any lienor who has 
caused said property to be attached as aforesaid, or who has filed 
his bill in equity as herein provided, that he claims a portion of 
the proceeds of the sale, said officer, unless all owners of such 
judgments, and all lienors so notifying such officer otherwise 
direct, shall thereupon sell said property as aforesaid, and after 
deducting the fees and expenses of sale, shall return the balance 
into the court of highest jurisdiction in which any such lien suit 
is pending or in which such a lien judgment has been rendered, 
and such court shall distribute such fund pro rata among the 
lienors who shall satisfactorily prove their right to share in the 
same. The court issuing execution on which the sale is made, 
may fix the time within which the owner shall have the right to 
redeem the property from such sale. The court distributing the 
fund may make such decree in regard to costs as is equitable. 
Any balance not required to pay such lien claims and costs shall 
be paid to the person or persons legally or equitably entitled 
thereto. R. S. c. 93, § 43. 

When a lease of land, with a rent payable is made for the pur- 
pose of erecting a mill or other buildings thereon, such buildings 
and all the interest of the lessee are subject to a lien and liable 
to be attached for the rent due. Such attachment, made within 



708 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

six months after the rent becomes due, is effectual against any 
transfer of the property by the lessee. R. S. c. 93, § 44. 

In all cases where land rent accrues and remains unpaid, 
whether under a lease, or otherwise, all buildings upon the prem- 
ises while the rent accrues, are subject to a lien and to attach- 
ment for the rent due, as provided in the preceding section, 
although other persons than the lessee may own the whole or a 
part thereof, and whether or not the land was leased for the pur- 
pose of erecting such buildings: provided, however, that if any 
person except the lessee, is interested in said buildings, the pro- 
ceedings shall be substantially in the forms directed for enforcing 
liens against vessels, with such additional notice to supposed or 
unknown owners, as any justice of the supreme judicial court 
orders, or the attachment and levy of execution shall not be 
valid except against the lessee. R. S. c. 93, § 45 ; 93 Me. 344. 

Whoever labors at cutting, hauling, rafting or driving logs or 
lumber, or at cooking for persons engaged in such labor, or in 
shoeing horses or oxen, or repairing property while thus employed, 
has a lien on the logs and lumber for the amount due for his 
personal services and the services performed by his team, which 
takes precedence of all other claims except liens reserved to the 
state ; whoever both shores and runs logs by himself, his serv- 
ants or agents, has a lien thereon for the price of such shoring 
and running; such liens continue for sixty days after the logs 
or lumber arrived at the place of destination for sale or manufac- 
ture, and may be enforced by attachment. R. S. c. 93, § 46 ; 9 
Me. 22 ; 24 Me. 219 ; 33 Me. 291, 431 ; 34 Me. 276, 287 ; 35 
Me. 128; 36 Me. 538, 544 ; 38 Me. 82, 131; 43 Me. 585 ; 45 
Me. 319, 567; 46 Me. 365; 49 Me. 77; 56 Me. 152, 298; 66 
Me. 57, 67; 71 Me. 118; 72 Me. 440; 74 Me. 240 ; 77 Me. 135 : 
79 Me. 22; 81 Me. 136; 89 Me. 174, 178; 90 Me. 227; 92 Me. 
336, 338; 93 Me. 168; 95 Me. 528; 97 Me. 506. 

The officer making such attachment may pay the boomage 
thereon, not exceeding the rate per thousand on the quantity 
actually attached by him, and return the amount paid on the 
writ, which shall be included in the damages recovered. The 
action or lien is not defeated by taking a note, unless it is taken 
in discharge of the amount due and of the lien. Such notice of 
the suit, as the court orders, shall be given to the owner of the 
logs or lumber, and he may be admitted to defend it. R. S. c. 
93, § 47; 35 Me. 128; 41 Me. 471 ; 43 Me. 456, 585; 47 Me. 
144, 156; 50 Me. 430: 61 Me. 489, 493; 66 Me. 140; 89 
Me. 174. 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 709 

Whoever drives logs or lumber by contract with the owner, or 
with any other person, has a lien on said logs or lumber for the 
amount payable under said contract, which takes precedence of 
all other claims, except liens for labor, for stumpage, and for 
towing, continues for sixty days after the logs or lumber arrive 
at the place of destination for sale or manufacture, and may be 
enforced by attachment. When the contract is made with any 
person other than the owner of the logs or lumber, actual notice 
in writing shall be given to the owner before work is begun, stat- 
ing therein the terms of the contract. If the owner, at the time 
said notice is given him, or immediately thereafter, notifies said 
contractor in writing, that he will not be responsible for the 
amount payable or to become payable under said contract, then 
said contractor shall not have a lien on said logs or lumber so 
driven. R. S. c. 93, § 48. 

Owners of steamboats employed in towing logs or lumber on 
any of the inland waters of the state, have a lien on such logs or 
lumber for the amount due for such towing ; such lien continues 
for sixty days after the logs or lumber arrive at the place of 
destination for sale or manufacture, and may be enforced by 
attachment. Said lien shall take precedence of all other claims 
except liens reserved to the state, liens for labor and for stump- 
age. R. S. c. 93, § 49. 

Whoever labors at cutting, peeling or hauling hemlock bark or 
cutting, yarding or hauling cord wood or pulp wood or any wood 
used in the manufacture of pulp wood, or at cooking for persons 
engaged in such labor, has a lien thereon for the amount due for 
his personal service and the service performed by his team, which 
takes precedence of all other claims and continues for thirty days 
after the contract is completed and may be enforced by attach- 
ment. R. S. c. 93, § 50 ; 93 Me. 168. 

Whoever labors in the manufacturing of last blocks, or cuts or 
furnishes wood for the manufacture of the same, or is engaged in 
cooking for persons engaged in such labor, or furnishes a team 
for the hauling of said last blocks or the lumber from which they 
are manufactured, has a lien on said last blocks for the amount 
due him for his personal labor thereon, or the services of his 
team, and for the amount due for wood so cut or furnished, 
which takes precedence of all other claims, except liens reserved 
to the state, continues for thirty days after the said last blocks 
are stored or housed for drying purposes, and may be enforced 
by attachment. R. S. c. 93, § 51. 



710 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

Whoever labors in the manufacturing of railroad ties and ship 
knees, or is engaged in cooking for persons engaged in such 
labor, or furnishes a team for the hauling of said railroad ties 
and ship knees, has a lien on said railroad ties and ship knees 
for the amount due him for his personal labor thereon, or the 
services of his team, which takes precedence of all other claims, 
except liens reserved to the state, continues for thirty days after 
said railroad ties are on the line of a railroad, or after said ship 
knees are delivered in a shipyard, and may be enforced by attach- 
ment. R. S. c. 93, § 52. 

Whoever labors at cutting, hauling or sawing of spool timber 
or in the manufacture of spool timber into spool bars and the 
piling of such bars or at cooking for persons engaged in such 
labor, has a lien thereon for the amount due for his personal 
services and the services performed by his team, which takes pre- 
cedence of all other claims, continues for sixty days after such 
timber or spool bars arrive at the place of destination for sale or 
manufacture, and may be enforced by attachment. R. S. c. 93, 
§53. 

Whoever labors in cutting or harvesting hay has a lien on all 
the hay cut or harvested by him and his co-laborers for the 
amount due for his personal services and the services performed 
by his team, which takes precedence of all other claims except 
liens reserved to the state, continues for thirty days after the last 
of such services are performed and may be enforced by attach- 
ment. R. S. c. 93, § 54. 

Whoever presses hay or straw has a lien on all hay or straw so 
pressed for the amount due for such pressing, which takes pre- 
cedence of all other claims except liens reserved to the state and 
the liens specified in the preceding section, continues for thirty 
days after said pressing is completed and may be enforced by 
attachment. R. S. c. 93, § 55. 

Whoever furnishes corn or other grain or fruit, for canning or 
preservation otherwise, has a lien on such preserved article, and 
all with which it ma} 7 have been mingled, for its value when 
delivered, including the cans and other vessels containing the 
same, and the cases, for thirty days after the same has been 
delivered, and until it has been shipped on board a vessel or 
laden in a car, which lien may be enforced by attachment within 
that time. R. S. c. 93, § 56. 

Whoever performs labor in any tannery where leather of any 
kind is manufactured completely or partially, whether such labor 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 711 

is performed directly on the hides and skins or in any capacity 
in or about the establishment, has a lien for his wages on all 
leather so manufactured in such tannery for labor performed by 
him or his co-laborers, which continues for thirty days after such 
leather is made and manufactured, and until such leather is 
shipped on board a vessel or taken in a car, and may be enforced 
by attachment within that time. R. S. c. 93, § 57. 

There shall be a lien on all colts foaled in the state, to secure 
the payment of the service fee, for the use of the stallion beget- 
ting the same. Such lien shall continue in force until the foal 
is six months old, and may be enforced during that time by 
attachment of such foal. R. S. c. 93, § 58 ; 93 Me. 226. 

Whoever pastures, feeds or shelters animals by virtue of a 
contract with or by consent of the owner, has a lien thereon for 
the amount due for such pasturing, feeding, or sheltering, and 
for necessary expenses incurred in the proper care of such 
animals and in payment of taxes assessed thereon, to secure pay- 
ment thereof with costs, to be enforced in the same manner as 
liens on goods in possession and choses in action ; and the court 
rendering judgment for such lien shall include therein a pro rata 
amount for such pasturage, feed and shelter provided by the 
lienor from the date of the commencement of proceedings to the 
date of said judgment. R. S. c. 93, § 59. 

Lien on animals for entry fee at agricultural fairs and races, R. 
S. c. 60, § 27 ; on animals in transit for expenses of proper care, 
R. S. c. 125, §§ 45-46 ; for food, shelter and care furnished to 
abandoned or neglected animals, R. S. c. 125, § 51 ; 63 Me. 533 ; 
69 Me. 425 ; 76 Me. 444 ; 79 Me. 220 ; 91 Me. 144 ; 96 Me. 348. 

Whoever under express contract fixing the price to be paid by 
the other party thereto, sells, erects or furnishes any monument, 
tablet, headstone, vault, posts, curbing or other monumental 
work, has a lien thereon to secure the payment of such contract 
price, which continues for two years after the completion, deliv- 
ery or erection of such monument, tablet, headstone, vault, posts, 
curbing or other monumental work, to be enforced by suit and 
attachment; such attachment to be recorded within said two 
years by the clerk of the town in which the property subject to 
the lien is then situated ; or such lien may be enforced by peti- 
tion setting forth the names and residences of the parties to the 
contract, the contract price, the sum due, the description and 
location of the property on which the lien is claimed and such 
other facts as are necessary to make it appear that such petitioner 



712 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

is entitled to an enforcement of such lien, and praying for judg- 
ment, for title and possession of the property therein described. 
Said petition, before service thereof, and within said two years, 
shall be recorded by the clerk of the town in which such prop- 
erty is situated, and a certificate of such record endorsed thereon. 
The sum alleged to be due shall be deemed to be the damage 
demanded, and the petition, after being recorded, may be inserted 
in a writ, and made returnable, like other writs in transitory 
actions, before any court of competent jurisdiction. If the 
defendant is a known resident of the state he shall be served 
with a summons and copy of said writ and petition, otherwise 
the court, in term time or vacation, may order notice. If the 
petitioner prevails, he shall recover judgment for title and pos- 
session of the property on which the lien is claimed, and for his 
costs, and a possessary execution may issue. By virtue of such 
judgment the judgment creditor, if unopposed, may take posses- 
sion and remove the property described in his execution, other- 
wise any officer qualified to serve civil process, having said 
execution, may take possession of said property and deliver the 
same to the judgment creditor, and shall make his return on said 
execution accordingly. Said lien may be discharged at any time 
before final judgment by tendering the petitioner the amount of 
the debt and costs. R. S. c. 93, § 60. 

Whoever performs labor by himself or his employees in manu- 
facturing, or repairing the ironwork or woodwork of wagons, 
carts, sleighs and other vehicles by direction or consent of the 
owner thereof, shall have a lien on such vehicle for his reason- 
able charges for said labor and materials used. P. L. 1905 c. 
57, § 1. 

Such lien shall have precedence of all other claims and incum- 
brances on said vehicles not made to secure a similar lien and 
may be enforced as hereinafter specified ; said lien, however, 
shall be dissolved if said property has actually changed owner- 
ship prior to the filing of said lien claim in the town clerk's 
office as herein required. P. L. 1905 c. 57, § 2. 

The lien mentioned in the preceding sections shall be dissolved 
unless the claimant within thirty days after the labor is per- 
formed, files in the office of the clerk of the town in which the 
owner of such vehicle resides a true statement of the amount 
due him for such labor with all just credits given together with 
a description of the vehicle manufactured or repaired sufficient 
to identify it and the name of the owner, which shall be sub- 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 713 

scribed and sworn to by the person claiming the lien or by some 
one in his behalf and recorded in a book kept for that purpose 
by the clerk, who # is entitled to the same fees therefor as for 
recording mortgages. P. L. 1905 c. 57, § 3. 

No inaccuracy in such statement relating to said property, if 
the same can be reasonably recognized, or in stating the amount 
due for labor or materials invalidates the proceedings, unless it 
appears that the person making it willfully claims more than his 
due. Such lien may be enforced by a writ or attachment at any 
time within ninety days after the labor is performed and not 
afterwards, provided said lien claim is duly filed as herein 
required. P. L. 1905 c. 57, § 4. 

Suits to enforce any of the liens before named have precedence 
of attachments and encumbrances made after the lien attached, 
and not made to enforce a lien, and may be maintained although 
the employer or debtor is dead and his estate has been repre- 
sented insolvent : and his executor or administrator may be sum- 
moned and held to answer to an action brought to enforce the 
lien. The declaration must show that the suit is brought to 
enforce the lien ; but all the other forms and proceedings therein, 
shall be the same as in ordinary actions of assumpsit. R. S. c. 
93, § 61 ; 28 Me. 520 ; 33 Me. 144, 292 ; 34 Me. 281, 287 ; 35 
Me. 297; 36 Me. 387 ; 37 Me. 552 ; 38 Me. 131 ; 41 Me. 371 ; 
42 Me. 81, 130, 149; 45 Me. 295,319; 50 Me. 430; 53 Me. 
321; 61 Me. 494, 497; 63 Me. 564; 65 Me. 577 ; 66 Me. 58 ; 
77 Me. 421 ; 89 Me. 174, 178, 232. 

All liens named herein may be discharged by tender of the 
sum due, made by the debtor or owner of the property, or his 
agents. R. S. c. 93, § 62; 66 Me. 59. 

In all lien actions, when the labor or materials were not fur- 
nished by a contract with the owner of the property affected, 
such owner may voluntarily appear and become a party to the 
suit. If he does not so appear, such notice of the suit as the 
court orders, shall be given him, and he shall then become a 
party to the suit. R. S. c. 93, § 63; 69 Me. 425 ; 78 Me. 79 ; 
89 Me. 174, 233. 

In any such action, judgment may be rendered against the 
defendant and the property covered by the lien, or against either, 
for so much as is found due by virtue of the lien, and if the 
amount due exceeds the amount so covered, then a separate exe- 
cution shall be issued to the plaintiff against the defendant for 
such excess, and the plaintiff may discontinue as to any defend- 



714 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

ant. The court may apportion costs as justice requires. R. S- 
c. 93, § 64; 79 Me. 285; 89 Me. 175. 

Innholders or keepers of boarding-houses have a lien on the 
goods and personal baggage of their guests and boarders, to 
secure the payment of any money due from them for board or 
lodging, and may enforce the same by a sale of such goods or bag- 
gage, in the manner following. After such goods or personal 
baggage have remained in the possession of such innholder or 
boarding-house keeper for six months, unredeemed, they may be 
sold at auction to pay the' sum clue for board or lodging, and the 
expense of advertising and selling the same. Such innholder or 
boarding-house keeper shall give thirty days' notice of the time 
and place of such sale, in a newspaper published in the town 
where such articles are held, if any, otherwise notice thereof shall 
be posted in three conspicuous places therein ; said notice shall 
give a description of such articles, and the name of the owner ; 
and the proceeds of sale, after deducting all charges and expense 
of advertising and notice, shall be applied in satisfaction of the 
claim upon which such articles are sold, and the balance, if any, 
shall be held for the benefit of the person entitled thereto. All 
such sales shall be recorded in the office of the town clerk where 
the sale takes place, in a suitable book open to public inspection, 
in which the articles sold shall be correctly described, with the 
charges and expenses of advertising and selling, and the prices 
at which they were sold. R. S. c. 93, §65; 35 Me. 154 ; 38 Me. 
192; 42 Me. 51. 

Whoever has a lien on or pledge of any stock or certificate 
thereof, bond, note, account or other chose in action, or on any 
other personal property in his possession, may enforce it by a sale 
thereof, in the manner provided in the contract creating such lien 
or pledge, if in writing, or as hereinafter provided. R. S. c. 93, 
§66; 69 Me. 428 ; 76 Me. 445. 

The person claiming the lien may file, in the supreme judicial 
or superior court in the county where he resides, or in the office 
of the clerk thereof, a petition briefly setting forth the nature 
and amount of his claim, a description of the article possessed, 
and the names and residences of its owners, if known to him, and 
a prayer for process to enforce his lien. R. S. c. 93, § 67 ; 76 
Me. 445 ; 96 Me. 348. 

If the owners are set forth in a petition filed in the clerk's 
office, and are residents of the state, the clerk may issue an order 
of notice, to be given by serving them with a copy of the petition 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 715 

and order thereon, fourteen days before the next term of the 
court in such county. R. S. c. 93, § 68. 

If the owners are not known, or are not residents of the state, 
or if the petition is filed in court, the court may order reasonable 
notice of at least fourteen days to them and to others interested, 
returnable at the same or a subsequent term ; to be given by per- 
sonal service of a copy of the petition with the order of court 
thereon, or by publication in a newspaper, or both, as the court 
directs. R. S. c. 93, § 69. 

At the time fixed in the notice, any party interested in the 
article as owner, mortgagee or otherwise, may appear, and after 
appearance, the proceedings shall be the same as in an action on 
the case in which the petitioner is plaintiff and the party appear- 
ing is defendant. Questions of fact, at the instance of either 
party, shall be submitted to a jury on an issue framed under the 
direction of the court. R, S. c. 93, § 70 ; 96 Me. 348. 

If, in the opinion of the court, the article on which the lien is 
claimed is not of sufficient value to pay the petitioner's claim, 
with the probable costs of suit, the court may order the person 
appearing in defense to give bond to the petitioner, with sufficient 
sureties approved by the court, to pay such costs as are awarded 
against him, so far as they are not paid out of the proceeds of 
the articles on which the lien is claimed. R. S. c. 93, § 71. 

After trial and final adjudication in favor of the petitioner, the 
court may order any competent officer to sell the article on which 
the lien is claimed, as personal property is sold on execution, and 
out of the proceeds, after deducting his fees and the expenses of 
sale, to pay to the petitioner the amount and costs awarded him, 
and the balance to the person entitled to it, if he is known to the 
court, otherwise into court. R. S. c. 93, § 72; 76 Me. 445. 

Money paid into court may be paid over to the person legally 
entitled to it, on petition and order of the court. If it is not 
called for at the first term after it is paid into court, it shall 
be paid into the county treasury ; and if afterwards the person 
entitled to it petitions and establishes his claim to it, the court 
may order the county treasurer to pay it to him. R. S. c. 93, 
§73. 

Liens for less than twenty dollars, may be enforced before any 
trial justice for the county where the person having the lien 
resides, and all proceedings, rights and liabilities, shall be the 
same as hereinbefore provided, so far as the nature of the tri- 



716 MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 

bunal admits; and either party may appeal, as in other cases. 
R. S. c. 93, § 74; 96 Me. 348. 

Municipal and police courts have jurisdiction concurrent with 
the supreme judicial and superior courts and trial justices in their 
respective counties, of liens, and proceedings relative thereto, for 
an amount not exceeding their jurisdiction in other civil actions, 
to be enforced as provided in this chapter. R. S. c. 93, § 75 ; 
96 Me. 348. 

The holder of stocks, bonds or other personal property in 
pledge for the payment of money or the performance of any 
other thing, may, after failure to pay or perform, sell such stocks, 
bonds or other personal property in the manner provided in the 
contract creating the pledge, if in writing, or he may proceed as 
hereinafter provided. He may give written notice to the pledger 
that he intends to enforce payment by a sale of the pledge ; and 
shall serve the same by leaving a copy with the pledger, if his 
residence is known to the holder, otherwise by publishing it at 
least once a week for three successive weeks, in one of the prin- 
cipal newspapers, if any, in the city or town where the pledgee 
resides, otherwise, in one of the principal newspapers published 
in the county, or in the state paper. Such notice, together with 
an affidavit of service, shall be recorded in the clerk's office of 
the city or town where the pledgee resides. R. S. c. 93, § 76 ; 
96 Me. 43, 430. 

If the money to be paid or the thing to be done is not paid 
or performed, or tender thereof made, within sixty days after 
such notice is so recorded, the holder may sell the pledge at pub- 
lic auction, and apply the proceeds to the satisfaction of the debt 
or demand and the expenses of the notice and sale, and any sur- 
plus shall be paid to the party entitled thereto on demand. R. S. 
c. 93, § 77; 96 Me. 43, 430. 

Whenever the amount due for the use of any safe or box, in 
the vaults of any safe deposit company, shall not have been paid 
for three years, such corporation may, at the expiration of such 
period, notify the person in whose name such safe or box stands 
on its books, by a notice in writing in a securely closed, post 
paid, registered letter, directed to such person at his post office 
address as recorded upon the books of the corporation, that if 
the amount then due for the use of such safe or box, is not paid 
within sixty days from the date of such notice, the corporation 
will then cause such safe or box, to be opened in the manner 
hereinafter provided ; at the expiration of sixty days after the 



MORTGAGES OF PERSONAL PROPERTY, LIENS, ETC. 717 

mailing of said notice, the corporation may then cause such safe 
or box, to be opened in the presence of its president, secretary 
or treasurer, and of a notary public not an officer, or in the 
employ of the corporation, and the contents of said safe or box, 
shall then be sealed up b} r such notary public in a package and a 
certificate of such sealing shall be indorsed thereon, signed by 
such notary and attested by his seal, and said package shall be 
distinctly marked with the name and address of the person in 
whose name such safe or box stands upon the books of the cor- 
poration, and the estimated value thereof; said package shall 
then be placed in one of the general safes or boxes of the corpo- 
ration, and shall be held subject to redemption by the owner 
thereof, who shall be required to pay the rent due for said safe 
or box, and all costs and damages attending the opening thereof 
together with reasonable charges for the custody of said package 
by the corporation, and the corporation shall have a lien upon 
said package to secure the payment of such rent, damages and 
•charges. R. S. c. 93, § 78. 



CHAPTER XCIV. 



ADOPTION AND PROTECTION OF CHILDREN. 

Any unmarried inhabitant of the state, or any husband and 
wife jointly, may petition the judge of probate for their county, 
for leave to adopt a child not theirs by birth, and for a change 
of his name. R. S. c. 69, § 32 ; 81 Me. 554. 

Before such petition is granted, written consent to such adop- 
tion must be given by the child, if of the age of fourteen years, 
and by each of his living parents, if not hopelessly insane or 
intemperate ; or, when a divorce has been decreed to either par- 
ent, written consent by the parent entitled to the custody of the 
child ; or such consent by one parent, when, after such notice to 
the other parent as the judge deems proper and practicable, such 
other parent is considered by the judge unfit to have the custody 



718 ADOPTION AND PROTECTION OF CHILDREN. 

of the child. If there are no such parents, or if the parents have 
abandoned the child and ceased to provide for its support, con- 
sent may be given by the legal guardian ; if no such guardian, 
then by the next of kin in the state : if no such kin, then by 
some person appointed by the judge to act in the proceedings as 
the next friend of such child: if an illegitimate child, and under 
the age of fourteen years, such consent may be given by the 
mother of such child." R. S. c. 69, § 33. 

Thereupon, if the judge is satisfied of the identity and rela- 
tions of the parties: of the ability of the petitioners to bring up 
and educate the child properly, having reference to the degree 
and condition of his parents, and of the fitness and propriety of 
such adoption, he shall make a decree, setting forth the facts, 
and declaring that from that date such child is the child of the 
petitioners, and that his name is thereby changed, without requir- 
ing public notice thereof. R. S. c. 69, § 34: 85 Me. 400; 9T 
Me. 85, 580. 

By such decree the natural parents are divested of all legal 
rights in respect to such child, and he is freed from all legal 
obligations of obedience and maintenance in respect to them; 
and, for the custody of the person and all rights of inheritance, 
obedience and maintenance, he becomes to all intents and pur- 
poses, the child of his adopters, the same as if born to them 
in lawful wedlock, except that he shall not inherit property 
expressly limited to the heirs of the body of the adopters, nor 
property from their lineal or collateral kindred by right of repre- 
sentation, and provided, that the right of inheritance only applies 
to adoptions made since February twenty-four, eighteen hundred 
and eighty, and where not otherwise expressly provided in the 
decree of adoption ; and the adoption of a child, made in any 
other state before or since said date, according to the laws of 
that state, shall have the same force and effect in this state, as 
to inheritance and all other rights and duties as it had in the 
state where made, in case the person adopting thereafter dies 
domiciled in this state. In case of the death of such adopted 
child before arriving at the age of twenty-one years, unmar- 
ried and without issue, all property which such child shall 
have received by virtue of such adoption, in whatever form it 
may then be, and not expended for his or her support, shall 
descend the same as if such child were the child by birth of 
his adopters. R. S. c. 69, § 35 ; 84 Me. 486 : 87 Me. 213 ; 97 
Me. 580. 



ADOPTION AND PROTECTION OF CHILDREN. 719 

Any petitioner, or any such child by his next friend, may 
appeal from such decree to the supreme court of probate, in the 
same manner and with the same effect, as in other cases, but no 
bond to prosecute his appeal shall be required of such child or 
next friend, nor costs be awarded against either. R. S. c. 69, 
§ 36; 81 Me. 558; 94 Me. 422. 

The judge of probate, on the death of either of said adopters, 
may make a reasonable allowance to such child from the personal 
estate of the deceased, if the circumstances of the case demand 
it. R. S. c. 69, § 37. 

Any judge of probate may, on petition of two or more per- 
sons, after notice and hearing, and for good cause shown, reverse 
and annul an}- decree of the probate court in his county, whereby 
any child has been adopted under this chapter. R. S. c. 69, 
§38. 

If a person desires to have his name changed, he may peti- 
tion the judge of probate in the county where he resides; or, if 
he is a minor, his legal custodian may petition in his behalf, 
and the judge, after due notice, may change the name of such 
person, and shall make and preserve a record thereof. R. S. c. 
69, § 39. 

(Note : Liability of guardian for injury by minor to school- 
house and school furnishings. R. S. c. 15, § 129. No trust 
or banking company shall act as guardian. R. S. c. 48, § 
85. Minors may hold shares in loan and building associations. 
R. S. c. 48, § 57. Guardian may settle and give release of 
damages for land of ward taken by railroad corporation. R. S. 
c. 51, § 31. Care and custody of the person of minor chil- 
dren. R. S. c. 61, § 39. Compensation of guardian. R. S. 
c. 65, § 37. Guardians to pay stenographer's fees. R. S. c. 
^ § 41.) 

Legally apopted child is a lineal descendant. 84 Me. 483. 
May take a legacy given by will to one of his adopting parents, 
when legatee dies before the testator, and thus prevent the leg- 
acy from lapsing. lb. 

Upon application by the mayor and aldermen of any city, the 
selectmen of any town, or the president and a majority of the 
directors of any society for the protection of children, or preven- 
tion of cruelty to the same, the governor and council shall issue a 
badge and a commission to any suitable person designated in said 
application, authorizing such person to arrest persons charged 



720 PROTECTION OF CHILDREN. 

with violating an} 7 of the provisions of this act or any other act 
or law concerning the protection of children or prevention of 
cruelty to the same, in the same manner and with the same pow- 
ers and jurisdiction in the premises as any sheriff, deputy sheriff, 
police officer or constable, and to perform such other duties as 
may be provided for by this act. P. L. 1905 c. 123, § 1. 

Any officer or agent commissioned under the provisions of the 
preceding section and all sheriffs, deputy sheriffs, police officers 
and constables shall investigate all cases of cruel or injurious 
treatment of children coming to their knowledge, and shall cause 
offenders against any provisions of this act or any other act con- 
cerning the protection of children or prevention of cruelty to 
the same to be prosecuted. For their travel and services and 
expenses in conducting such investigations such officers and 
agents commissioned as aforesaid shall be paid reasonable com- 
pensation by the county in which such services are rendered and 
the same fees as are now allowed officers by law for the service of 
a warrant for arrest or any criminal process ; provided, however, 
that all claims of such agents for such travel and services, 
expenses and fees shall first be audited and approved by the 
county commissioners of the county liable to pay the same. All 
fines imposed for the punishment of such offenses shall be paid 
over to the county treasurer of the county in which the offense 
may have been committed. P. L. 1905 c. 123, § 2. 

Any officer or agent of any society for the protection of chil- 
dren or prevention of cruelty to the same may arrest and bring 
before any court or magistrate having jurisdiction, any person 
offending against any of the provisions of this act or any other 
act or law concerning the protection of children or the preven- 
tion of cruelty to the same. Such officer or agent, or any sheriff, 
deputy sheriff, police officer or constable, may lawfully interfere 
to prevent the perpetration in his presence of any such offense 
or act prohibited by this chapter or any other law concerning 
the protection of children or the prevention of cruelty to the 
same, and whoever interferes with or obstructs such officer or 
agent or any sheriff, deputy sheriff, police officer or constable 
in the discharge of his duty, is guilty of a misdemeanor, and 
shall be punished by fine not exceeding five hundred dollars 
or by imprisonment not exceeding six months. P. L. 1905 c. 
123, § 3. 

Any parent, guardian or other person, having the care and 
custody of any child, who cruelly treats such child by abuse, 



PROTECTION OF CHILDREN. 721 

neglect, over work or extreme punishment, shall be punished by 
line not exceeding one hundred dollars, or by imprisonment not 
exceeding one year. R. S. c. 61, § 44. 

When complaint in writing, signed by any such agent so 
appointed or any officer or agent of any society for the protection 
of children or the prevention of cruelty to the same, or by three 
or more citizens of any town or city is made under oath to the 
judge of any court or trial justice in the county in which said 
town or city is located, alleging that such child in said town or 
city is cruelly treated or willfully neglected by its parents or 
parent, or by the willful failure of such parents or parent is not 
provided with suitable food, clothing or the privileges of educa- 
tion, or is kept at or allowed to frequent any disorderly house, 
house of ill fame, gambling place or place where intoxicating 
liquors are sold, or other place injurious to health or morals, or 
that such child is an orphan without means of support or kindred 
of sufficient ability who will furnish such support, and praying 
that suitable and proper provision may be made for the care, 
custody, support and education of the child named in such com- 
plaint ; the magistrate or judge to whom such complaint is made 
shall issue his warrant and cause such child to be brought before 
him, and notice to be given to its parents or parent, if any, for 
such length of time as the judge or magistrate may see fit, either 
by service in hand or publication in such manner as the judge 
or magistrate may direct, and the judge or magistrate may if he 
deems it necessary in his discretion continue the case for hearing, 
and if upon hearing it appears that the allegations of said com- 
plaint are true, and that it is suitable and proper that such child 
shall be supported and educated away from its parents or parent, 
he shall order it into the care and custody of such place or insti- 
tution as is provided therefor by such town or city, or to such 
charitable institution or private person as he deems suitable, pro- 
vided that such institution or person consents to receive, support 
and educate said child ; but such order shall not extend beyond 
the time when such child arrives at the age of twenty-one years, 
if a male, or at the age of eighteen years if a female, and pend- 
ing any such continuance of the case before hearing and after 
hearing and until such institution or person can be found, the 
magistrate or judge may in his discretion, if the circumstances 
appear to require it, order said child temporarily into the custody 
of any such agent so appointed, or of any such institution or 
suitable person consenting to receive said child, and the expense 

46 



722 PROTECTION OF CHILDEEN. 

of the support of said child during such period until permanent 
provision can be made therefor, in the manner above specified, 
shall be paid by the town in which said child resides, and said 
town may recover the amount thereof from the parents or parent 
of said child, if any, as provided in section fifty of this chapter. 
R. S. c. 61, § 45. 

Upon petition of the superintendent of any such public or 
charitable institutions asking for the care and custody of any 
such child, an order to the same effect, as provided for in the 
preceding section may be made by the judge of the probate 
court in any county where either of the parents or the parent 
of such child resides, if written consent be given as provided in 
section thirty-three of chapter sixty-nine of the revised statutes. 
Such orders and decrees provided for in this and the preceding 
section shall have the same effect to divest the parents or parent 
of all legal rights in respect to such child as specified in section 
thirty-five of said chapter sixty-nine, and said institution shall 
have full custody and control over said child thereafter for said 
time, and have authority alone to give the consent required in 
said section thirty-three. R. S. c. 61, § 46. 

Whenever the magistrate deems it suitable and conducive to 
the public welfare, that such child be placed under the control 
of a private person, he shall first take a bond from such person, 
running to the town where the child resides, in such sum and 
with such sureties as he approves, conditioned that such person 
thall humanely treat and properly support, clothe and educate 
she child, and in case of the non-performance of said bond, a 
suit may be commenced thereon, and the sum recovered upon 
such bond shall be paid into the treasury of the town to which 
the bond is given. Upon application to any magistrate, he shall 
examine into the condition and welfare of the children who have 
been provided for under this chapter, and may at any time make 
such further order in relation to their care, custody, support and 
education as justice demands. R. S. c. 61, § 47. 

Whenever a child is in the custody of any public or charitable 
institution, the parents or either of them may make application 
in writing to any justice of the supreme judicial court to have 
its custody restored to them. Such notice of the application 
and the time and place of the hearing thereon as the court 
orders, shall be given to such institution and to the municipal 
officers of the town where the proceedings herein provided were 
commenced, and if, upon such hearing, it appears that the appli- 
cant is of sufficient ability and inclination suitably to provide 



PROTECTION OF CHILDREN. 723 

for its support and education, and that justice requires that its 
custody be restored to such applicant, the judge shall so order, 
and the custod}' and control of said child shall thereupon be 
given to such applicant until the further order of the court. 
R. S. c. 61, § 49. 

Any town incurring expenses under the five preceding sec- 
tions, through the fault of parents who are able properly to sup- 
port and educate their children, but wrongfully neglect and 
refuse to do so, may recover of them, in an action of debt, the 
amount so expended. R. S. c. 61, § 50. 

Any town may make proper provision for the support of 
children mentioned in the six preceding sections, and such sup- 
port shall not make such children or their parents, paupers. 
R. S. c. 61, § 51. 



CHAPTER XCV. 



EMPLOYMENT OF CHILDREN. 

No female minor under eighteen years of age, no male minor 
under sixteen years of age, and no woman shall be employed in 
laboring in any manufacturing or mechanical establishment in 
the state, more than ten hours in any one day, except when it is 
necessary to make repairs to prevent the interruption of the 
ordinary running of the machinery, or when a different appor- 
tionment of the hours of labor is made for the sole purposes of 
making a shorter day's work for one day of the week ; and in 
no case shall the hours of labor exceed fifty-eight in a week ; 
and no male person sixteen years of age and over shall be so 
employed as above, more than ten hours a day during minority, 
unless he voluntarily contracts to do so with the consent of his 
parents, or one of them, if any, or guardian, and in such case he 
shall receive extra compensation for his services ; provided, how- 
ever, that any female of eighteen years of age or over, may law- 
fully contract for such labor for any number of hours in excess 
of ten hours a day, not exceeding six hours in any one week, or 
sixty hours in any one year, receiving additional compensation 
therefor ; but during her minority, the consent of her parents, or 



724 EMPLOYMENT OF CHILDREN. 

one of them, or guardian shall be first obtained. R. S. c. 40, 
§48. 

Every employer shall post in a conspicuous place in every 
room where such persons are employed, a notice printed in plain, 
large type, stating the number of hours' work required of them 
on each day of the week, the exact time for commencing work 
in the morning, stopping at noon for dinner, commencing after 
dinner, and stopping at night ; the form of such printed notice 
shall be furnished by the inspector of factories, workshops, 
mines and quarries, and shall be approved by the attorney gen- 
eral. And the employment of any such person for a longer time 
in any day than that so stated, shall be deemed a violation of 
the preceding section, unless it appears that such employment is 
to make up for time lost on some previous day of the same 
week, in consequence of the stopping of machinery upon which 
such person was employed or dependant for employment. R. S. 
c. 40, § 49. 

Whoever, either for himself, or as superintendent, overseer or 
agent of another, employs or has in his employment any person 
in violation of the provisions of section forty-eight, and every 
parent or guardian who permits any minor to be so employed, 
shall be punished by a fine of not less than twenty-five, nor 
more than fifty dollars for each offense. A certificate of the age 
of a minor made by him and by his parent or guardian at the 
time of his employment, shall be conclusive evidence of his age 
in behalf of the hirer, upon any prosecution for a violation of 
the provisions of section forty-eight. Whoever falsely makes 
and utters such a certificate with an intention to evade the pro- 
visions of this chapter relating to the employment of minors, 
shall be subject to a fine of one hundred dollars. R. S. c. 40, 
§50. 

Any person, firm or corporation engaged in any manufactur- 
ing or mechanical business, may contract with adult or minor 
employees to give one week's notice of intention on such 
employee's part, to quit such employment under a penalty of 
forfeiture of one week's wages. In such case, the employer 
shall be required to give a like notice of intention to discharge 
the employee ; and on failure, shall pay to such employee, a sum 
equal to one week's wages. No such forfeiture shall be enforced 
when the leaving or discharge of the employee is for a reason- 
able cause. Provided, however, that the enforcement of the pen- 
alty aforesaid, shall not prevent either party from recovering 
damages for a breach of the contract of hire. R. S. c. 40, § 51. 



EMPLOYMENT OF CHILDREN. 725 

No child under fourteen years of age shall be employed or 
allowed to work in or in connection with any manufacturing or 
mechanical establishment. It shall be unlawful for any person, 
firm or corporation to employ for wages or hire any child under 
fourteen years of age in any manufacturing, mechanical, mercan- 
tile or other business establishment, or in any telephone or tele- 
graph office, or in the delivery and transmission of telephone or 
telegraph messages during the hours that the public schools of 
the town or city in which he resides are in session. Whoever, 
either for himself, or as superintendent, overseer or agent of 
another, employs or has in his employ any child in violation of 
the provisions of this section, and every parent or guardian who 
allows any child to be so employed, shall be punished by a fine 
not less than one dollar nor exceeding fifty dollars for each 
offense. R. S. c. 40, § 52. 

No child over fourteen years of age and under sixteen years of 
age shall be employed or allowed to work in any manufacturing 
or mechanical establishment until he, or someone in his behalf, 
shall have produced and presented to the owner, superintendent, 
overseer or agent of such establishment, a certified copy of the 
town clerk's record of the birth of such child, or a certified copy 
of his baptismal record showing the date of his birth; or his 
passport showing the date of his birth ; or an age and schooling 
certificate duly issued to him as hereinafter provided. No such 
child between his fourteenth and fifteenth birthdays shall be 
employed or allowed to work in any manufacturing, mechanical, 
mercantile or other business establishment, or in any telephone 
or telegraph office ; or in the delivery and transmission of tele- 
phone or telegraph messages during the hours in which the pub- 
lic schools of the city or town in which he resides are in session, 
until he shall have produced and presented to the owner, super- 
intendent, overseer or agent of such establishment an age and 
schooling certificate duly issued to him as hereinafter provided. 
No such child between his fifteenth and sixteenth birthdays shall 
be employed or allowed to work in any manufacturing or mechan- 
ical establishment during the hours in which the public schools 
of the city or town in which he resides are in session, until he 
shall have produced and presented to the owner, superintendent, 
overseer or agent of such establishment an age and schooling 
certificate duly issued to him as hereinafter provided. The 
employer shall keep on file such birth record, baptismal record, 
passport or age and schooling certificate in duplicate containing 
the name of such child, the name of his parents, guardian or 



726 EMPLOYMENT OF CHILDREN. 

custodian, and such data as may be required by the inspector 
of factories, workshops, mines and quarries. Blank employment 
certificates, in form approved by the attorney general, shall be 
furnished by the inspector of factories, workshops, mines and 
quarries. One of such certificates shall be delivered to such 
child and the other be immediately forwarded to the office of 
said inspector of factories, workshops, mines, and quarries, to be 
kept on file by him. When such child leaves such employment, 
the employer shall return to such child the copy of the town rec- 
ord, baptismal record, passport or age and schooling certificate 
furnished by him as aforesaid, and shall immediately notify said 
inspector that such child has left his employ. The inspector of 
factories, workshops, mines and quarries, or any of his assistants, 
may demand of any employer or corporation the names of all 
children under sixteen years of age in his employ in the several 
cities and towns of the state, and may require that the birth rec- 
ord, baptismal record, passport or age and schooling certificate of 
such children shall be produced for his inspection, and the failure 
to produce the same shall be prima facie evidence that the employ- 
ment of such child is illegal. Whoever, either for himself, or as 
superintendent, overseer or agent of another, employs or has in 
his employment any child in violation of the provisions of this 
section, and every parent or guardian who allows any child to be 
so employed shall be punished by a fine of not less than one nor 
more than fifty dollars for each offense. R. S. c. 40, § 53. 

Age and schooling certificates shall be issued by the superin- 
tendent of schools of the city or town in which the child resides, 
or some person designated and authorized in writing by the 
school committee, but no person shall issue such certificate to 
any minor then in or about to enter his employment, or the 
employment of a firm or corporation of which he is a member, 
stockholder, officer or employee. The person who issues the 
certificate in accordance with the provisions of this section is 
hereby empowered to administer the oath provided for therein* 
but no fee shall be charged therefor. R. S. c. 40, § 54. 

An age and schooling certificate shall not be issued until the 
child applying therefor or some person in his behalf, shall fur- 
nish satisfactory evidence of the age of the child, which evidence 
shall be a certified copy of the town clerk's record of the birth 
of said child, or a certified copy of his baptismal record, showing 
the date of his birth or a passport showing the date of his birth, 
or other document satisfactory to the superintendent of schools 
or the person authorized to issue such age and schooling certifi- 



EMPLOYMENT OF CHILDREN. 727 

cates ; nor until such child has demonstrated his ability to read 
at sight and write simple sentences in the English language, and 
perform simple arithmetical problems involving the fundamental 
processes of addition, substraction, multiplication and division, 
such educational test to be prepared and furnished by the super- 
intendent of schools or the school committee of each city and 
town in the state ; or has furnished a certificate to that effect 
signed by any teacher in any of the public schools of the city or 
town in which such child resides, or by the principal of any 
private school, or a certificate signed by the principal of any 
evening school in said city or town, to the effect that said child 
is a regular attendant of said evening school. R. S. c. 40, § 55. 

The form of the age and schooling certificate provided for in 
section fifty-three of this act shall be prepared and furnished to 
the superintendent of schools or the school committee of the 
cities and towns by the attorney general, and shall be substan- 
tially as follows : 

Form of Age and Schooling Certificate. 

This certifies that I am the [father,, mother, guardian or custodian] 

of [name of child], and that he [or she] was born at [name of city or 

town], in the state [or county] of on the day of in the year 

and that at his [or her] last birthday he [or she] was years old. 

City or town and date. 

, Signature of Parents. 

, Guardian or Custodian. 

Then personally appeared before me the above named [name of per- 
son signing], and having produced for my inspection the record [pass- 
port] of said child, made oath that the foregoing certificate by him [or her] 
signed is true to the best of his [or her] knowledge and belief. 

Having no sufficient reason to doubt that he [or she] is of the age therein 

certified, I hereby approve the foregoing certificate of [name of child] ; 

whose signature, written in my presence, appears below; whose height is 

feet and inches; complexion is [fair or dark]; hair is 

color. I hereby certify that he [or she] has satisfactorily demonstrated his 
[or her] ability to read at sight and to write legible simple sentences in the 
English language, and to employ the fundamental principles of arithmetic, 
according to the test supplied by the local superintendent of public schools; 
that he [or she] has presented us a certificate to that effect signed by the 
principal a teacher of some public school in said town, or that he [or she] 
has presented a certificate signed by the principal of an evening school in 
said town to the effect that he [or she], said child is a regular attendant in 
said evening school. 

This certificate belongs to [name of child], and is to be surrendered 



728 EMPLOYMENT OF CHILDREN. 

to him [or her] whenever he [or she] leaves the service of the employer 
holding the same, but if not claimed by said minor within thirty days from 
the time when he [or she] leaves such employment, it shall be returned to 
the superintendent of schools, or go to the person by whom it is issued. 

Signature of child. 

Signature of person authorized to issue and 

approve, with official character or authority. 
City or town and date. 

Whoever, being authorized to sign the foregoing age and 
schooling certificate, or whoever signing any certified copy of a 
town clerk's record of births, or certified copy of a child's bap- 
tismal record, shall knowingly certify to any false statement 
therein, and any parent or guardian who presents, or who per- 
mits or allows any child under his control to present, to any 
employer, owner, superintendent, overseer or agent as required 
under section fifty-three, any certified copy of birth or baptismal 
record, or passport, or age and schooling certificate containing 
any false statements as to the date of birth or age of such child, 
knowing them to be false, shall be punished by a fine of not less 
than twenty-five dollars nor more than fifty dollars for each 
offense. R. S. c. 40, § 56. 

Nothing in the nine preceding sections shall apply to any man- 
ufacturing establishment or business, the materials and products 
of which are perishable and require immediate labor thereon, to 
prevent decay thereof or damage thereto. Provided, however, 
the employment of children therein shall be under the supervis- 
ion of said inspector who shall on complaint investigate the sani- 
tary conditions, hours of labor and other conditions detrimental 
to children, and if in his judgment he finds detrimental condi- 
tions to exist, he may in conjunction with the municipal officers 
of the town or city in which the complaint is made, prohibit the 
employment of children therein until such conditions are removed. 
R. S. c. 40, § 57. 



MASTERS, APPRENTICES, AND SERVANTS. 729 



CHAPTER XCVL 



MASTERS, APPRENTICES, AND SERVANTS. 

In all cases where the care of the person, and the education of 
minors under fourteen years of age, have been intrusted to the 
parents, or to either of them, or to a legal guardian, under the 
provisions of section three of chapter sixty-nine of the revised 
statutes, such children may be bound as apprentices or servants, 
until that age, without their consent, by the parents or parent so 
intrusted, or by the guardian so intrusted with the approval of 
the judge of probate, and in all other cases such children may be 
bound as apprentices or servants, until that age, without their 
consent, by their father and mother, if living, if either has 
deceased, by the survivor, if both have deceased, by the legal 
guardian with the approval of the judge of probate as aforesaid, 
and if they have no parent or guardian, they may bind them- 
selves with the approbation of the municipal officers of the town 
where they reside. The indenture shall, on the part of such 
parents or guardians, continue in force for the time mentioned 
in the following section, provided, that the children, on reaching 
the age of fourteen, give their consent, as provided in said sec- 
tion. R. S. c. 64, § 1. 

Minors, above the age of fourteen, may be bound in the same 
manner, with their consent, which shall be distinctly expressed 
in the indenture signed by them ; females to the age of eighteen, 
or to the time of their marriage within that age, and males to 
the age of twenty-one years. R. S. c. 64, § 2. 

No minor of any age shall be thus bound, unless by an inden- 
ture of two parts, signed, sealed and delivered by both parties ; 
and when the minor binds himself, by the consent of the munici- 
pal officers, such consent shall be in writing, signed by them on 
each part of the indenture. R. S. c. 64, § 3. 

One part of the indenture shall be kept by the master or mis- 
tress, to whom the minor is bound, and the other part, by the 
parent or guardian for the use of the minor ; and when made by 



730 MASTERS, APPRENTICES, AND SERVANTS. 

consent of the municipal officers as aforesaid, it shall be deposited 
with the town clerk. R. S. c. 64, § 4. 

All considerations, allowed by the master or mistress in any 
contract of service or apprenticeship, shall be secured by the 
indenture, to the sole use of the minor ; and paid to him without 
any control on the part of the parent or guardian at any time. 
R. S. c. 64, § 5. 

All indentures made as aforesaid shall, in law, bind all parties 
thereto ; but not the minors, parents or guardians, after the death 
of the master or mistress ; nor shall such minors be transferred 
to another person, or carried out of the state. R. S. c. 64, § 6. 

Parents and guardians, municipal officers, and masters and 
mistresses, joining in such indentures, have the like remedies 
and proceedings thereon as are provided for corresponding par- 
ties in chapter twenty-seven of revised statutes. R. S. c. 64, § 7. 



CHAPTER XCVIL 



FORTNIGHTLY PAYMENT OF WAGES. 

Every manufacturing, mining, quarrying, stone cutting, mer- 
cantile, street railroad, telegraph, telephone and municipal cor- 
poration, and every incorporated express and water company, 
and any person or firm engaged in any of the above specified 
kinds of business, having in their employ more than ten persons, 
shall pay fortnightly each and every employee engaged in its 
business, except municipal officers whose services are paid for by 
the day, or teachers employed by municipal corporations, the 
wages earned by such employee to within eight days of the date 
of said payment, provided, however, that if at any time of pay- 
ment, any employee shall be absent from his regular place of 
labor, he shall be entitled to said payment at any time thereafter 
on demand. R. S. c. 40, § 57. 

Any corporation violating any provision of the preceding sec- 
tion shall be punished by a fine of not less than ten, nor more 
than twenty-five dollars on each complaint under which it is con- 
victed, provided, that complaint for such violation is made within. 



FORTNIGHTLY PAYMENT OF WAGES. 731 

thirty days from the date thereof. When a corporation against 
which a complaint is so made, fails to appear after being duly 
served with process, its default shall be recorded, the allegations 
in the complaint taken to be true, and judgment rendered accord- 
ingly. When judgment is rendered upon any such complaint 
against a corporation, the court may issue a warrant of distress 
to compel the payment of the penalty prescribed by law, together 
with costs and interest. R. S. c. 40, § 58. 



CHAPTER XCVIII. 



SELECTION AND SERVICE OF JURORS. 

The municipal officers, treasurer, and clerk of each town and 
plantation, constitute a board for preparing lists of jurors to be 
laid before the town for their approval ; and the town, in legal 
town meeting, by a majority of the voters assembled, may strike 
out such names as they think proper from such lists, but shall not 
insert any others. R. S. c. 108, § 1. 

Such board, at least once in every three years, shall prepare a 
list of persons, under the age of seventy years, qualified to serve 
as jurors ; and in preparing such list they shall take the names of 
such persons only as are of good moral character, of approved 
integrity, of sound judgment and well informed, and qualified as 
the constitution directs to vote for representatives in such town. 
When a new list is made, the municipal officers shall transfer 
from the old to the new tickets of the same persons, the minutes 
of the draft made within the three preceding years. R. S. c. 108, 
§2. 

The following persons are exempt from serving as jurors, and 
their names shall not be placed on the lists ; the governor, coun- 
cilors, judges and clerks of common law courts, secretary and 
treasurer of the state, all officers of the United States, judges 
and registers of probate, registers of deeds, settled ministers of 
the gospel, officers of colleges, preceptors of incorporated acade- 
mies, physicians and surgeons, cashiers of incorporated banks, 
sheriffs and their deputies, coroners, counselors and attorneys-at- 
law, county commissioners, constables, all persons engaged in the 



732 SELECTION AND SERVICE OF JURORS. 

unlawful traffic in intoxicating liquors, or who are known to be 
habitually addicted to the use of intoxicating liquors as a bever- 
age, and constant ferrymen. R. S. c. 108, § 3. 

After the list of jurors is approved by the town, the board shall 
write their names upon tickets, and place them in the jury box, 
to be kept by the town clerk ; and the persons whose names are 
in the box are liable to be drawn and to serve on any jury, at 
any court for which they are drawn, once in every three years 
and not oftener, except as herein provided. R. S. c. 108, § 4. 

Each town shall provide, and constantly keep in the box, a 
number of names ready to be drawn when required, not less than 
one nor more than two for every hundred persons in the town, 
according to the census taken next before preparing the box ; 
and the board shall withdraw from it the name of any person 
convicted of any scandalous crime, or guilty of any gross immo- 
rality. R. S. c. 108, § 5. 

Within one year after every new census, and oftener if a con- 
siderable change of population renders it proper, the county com- 
missioners shall divide their county into not less than four, nor 
more than twelve districts, numerically designated ; and they shall 
place as many adjoining towns in each district, as will make the 
number of inhabitants in each, according to the last census, as 
nearly equal as may be, without dividing a town ; and shall 
deliver a copy of such division immediately to the clerk of courts 
in their county. R. S. c. 108, § 6. 

The grand and traverse jurors shall be drawn from each jury 
district in such manner as to cause jurors, at each term of court, 
to come from every part of the county as equally as may be, and 
so far as practicable, from every town in rotation, having regard 
to the number of its inhabitants, taking not more than two grand 
jurors and two traverse jurors from the same town at the same 
time, unless from necessity, or some extraordinary cause, or to 
equalize the service ; and the clerk of courts shall issue venires 
to the constables of towns, and the constables, marshals or dep- 
uty marshals of cities accordingly. R. S. c. 108, § 7. 

Venires for grand jurors to serve at the supreme judicial and 
superior courts, shall be issued at least forty days before the sec- 
ond Monday of September annually; and they shall serve at each 
term for the transaction of criminal business, during the year. 
Venires for traverse jurors, shall be seasonably issued before each 
term of the court, and at such other times, as the court orders. 
R. S. c. 108, § 8. 



SELECTION AND SERVICE OF JURORS. 733 

The sheriff on receiving such venires,, shall immediately send 
them to the constables of the towns where directed, and to the 
constables, marshals or deputy marshals of cities and each con- 
stable, and the marshals or deputy marshals on receipt thereof, 
shall notify the voters of the town or city, and especially the 
municipal officers and town or city clerk, by posting notice in 
two public and conspicuous places therein, at least four days 
before such meeting, and by delivering to at least two of the 
municipal officers and the town or city clerk written notice of 
said meeting, to assemble and be present at the draft of jurors 
called for, which shall be six days at least before the time when 
they are ordered to attend court. R. S. c. 108, § 9. 

Form of Venire and Return of Officer. [The word town to be changed 
to city when necessary.] 

State of Maine. 

, ss. 

To either of the constables in the town of in said county, 

GBEETING. 

You are hereby required to notify, as the law directs, the voters of said 
town of qualified to vote for representatives, and especially the munic- 
ipal officers and town clerk, to assemble at least six days before the 

Tuesday of next, and be present at the draft of good and 

lawful persons of said town to serve as grand [or traverse, as the case may be] 

jurors at the court for our county of j , which is to be held at , 

within and for said county of on that day. 

And you are also required to notify the persons so drawn, at least four 

days before the sitting of said court, to attend the service aforesaid, on , 

the first day of the same, at ten o'clock in the morning, either by reading 

to this venire, with the minute of having been drafted, indorsed 

thereon, or by leaving at usual place of abode, a written notification of 

having been drawn as aforesaid, and also of the time and place of the 

sitting of the court, and when to attend. 

Hereof fail not, and make seasonable return of this writ, with your doings 
therein. 

Witness, , esquire, at aforesaid, the day of , A. D. 19 — . 

, Clerk. 

[For venire to officer of city add after constable the marshal or deputy mar- 
shal of the city of .] 

[N. B. The officer is directed to return this venire into the clerk's office of 
the judicial courts, one day at least previous to the sitting of the court.] 



Pursuant to the above venire, on the day of , A. D. 19 — , being 

at least four days before such meeting, I notified as the law directs the vot- 
ers of said town of qualified to vote for representatives, and especially 



73-i SELECTION AND SERVICE OF JURORS. 

the municipal officers and clerk of said town [or city], by posting notices 

thereof in two public and conspicuous places in said town of , to wit: 

one at , in said town of , and one at , in said town of , to 

assemble and be present at , in said town of , for the purposes 

therein expressed on the day of , A. D. 19 — , at o'clock in the 

noon which was at least six days before the sitting of said court to 

which this venire was returnable, at which meeting, held at the time and 

place aforesaid, the following persons, viz. : were drawn as the law 

directs to serve as grand [or traverse, as the case may be] jurors at the court 
therein mentioned. 

And I have duly notified the said that drawn as grand [or trav- 
erse, as the case may be] jurors as aforesaid and of the time and place of the 
sitting of the court where to attend. 

Dated this day of , A. D. 19—. 

( Constable of the Town of . 



, < [Or Constable, Marshal or Deputy 

t Marshal of the City of .] 

Fees for the service, $1.50. 

[Notice. The word town to be changed to city when necessary.] 

Porm of Notice of Meeting to Draw Jurors. 

To the voters of the town of qualified to vote for representatives, 

and especially to the municipal officers and town clerk of the town of 



Agreeably to a venire to me directed, in the name of the State of Maine, 

you are hereby required to assemble at the in said town, on , the 

day of , A. D. 19—, at o'clock in the noon, that being at 

least six days before the first Tuesday of , A. D. 19 — , and be present at 

the draft of good and lawful persons of said town to serve as grand [or 

traverse, as the case may be] juror at the court for our county of , 

which is to be holden at , within and for said county of , on the 

Tuesday of , A. D. 19—. 

Dated at said , this day of , A. D. 19 — . 

Constable of the Town of 



[Or Constable, Marshal or Deputy 
Marshal of the City of .] 

Directions for drawing jurors, giving notices, making returns, 
etc.: 

First. Use the blanks for notices of the meeting. 

Second. Four days (exclusive of Sundays) must intervene 
between the day when the notices are posted, and the day when 
the meeting is held : it is therefore suggested, that the notice be 
posted on a Monday and the meeting for the draft of jurors be 
held on the following Saturday, and the meeting must be held 
at least six days before the sitting of the court. 



SELECTION AND SERVICE OF JURORS. 735 

Third. Notices of the meeting must state the hour of the day 
when the meeting will be held, and the hour should also appear 
in the officer's return. 

Fourth. Observe carefully the blank spaces in the notices 
and return, and see that the proper words are inserted, describ- 
ing accurately the public places where the notices are posted, 
and. where the meeting is held, the number of jurors, and whether 
grand or traverse, and whether superior or supreme judicial 
court, as the venire may designate. 

Fifth. Jurors must be notified at least four days before the 
sitting of the court that they have been drafted, and also of the 
time and place of the sitting of the court. 

Sixth. In case of failure to make proper returns, the officer 
w r ill be obliged to appear before the court and amend the same. 

The venires must be returned to the clerk's office of the 
judicial court at least one day previous to the sitting of the 
court. 

The town clerk, or, in his absence, one of the municipal 
officers, shall carry the jury box into the meeting, and it shall 
there be unlocked, and the tickets mixed by a majority of said 
officers present; and one of them shall draw out as many 
tickets as there are jurors required ; and the persons whose 
names are drawn shall be returned as jurors, unless they have 
served on the jury within three years, or from sickness, or 
absence beyond sea, or without the limits, or in distant parts of 
the state, they are considered by the town unable to attend. 
R. S. c. 108, § 11. 

In either of said cases, or if a person is drawn who has been 
appointed to an office exempting him from serving, others shall 
be drawn in their stead ; but any person thus excused, or 
returned and attending court, and there excused, shall not be 
excused on another draft, although within three years ; and 
when all the persons, whose names are in the box, have served 
within three years, or are not liable to serve, the selectmen shall 
draw out the required number of those who have not served for 
eighteen months ; and the clerk shall certify on the venire, that 
all persons whose names are in the box have served within three 
years, or are not liable to serve. R. S. c. 108, § 12. 

When a juror is drawn and not excused by the town, the 
municipal officers who drew his ticket shall indorse thereon the 
date of the draft and return it into the box. R. S. c. 108, § 13. 



736 SELECTION AND SERVICE OF JURORS. 

A constable of a town or the constables, marshals or deputy 
marshals of cities, shall notify the persons thus drawn four days 
at least before the sitting of the court, by reading the venire and 
indorsement thereon to them, or leaving at their usual place of 
abode a written notice that they have been drawn, and of the 
time and place of the sitting of the court where they must 
attend : and shall make a seasonable return of the venire with 
his doings thereon. R. S. c. 108, § 14. 

Form of Notice. 

To , of : 



You are hereby notified that you have been drawn as a grand juror [or a 

traverse juror, as the case may be] from the town of ; and you are to 

attend at the court for the county of , on , at o'clock in 

the noon. Fail not, at your peril. 

Dated, . Constable of . 

The grand and traverse jurors shall attend on the first day of 
the term for which they are drawn and summoned, unless the 
court designates a different day ; and if so, the venire shall spec- 
ify such day. R. S. c. 108, § 15. 

If the municipal officers or town clerk neglect to perform 
their duties herein required, so that the jurors called for from 
their town are not returned, they shall be fined not less than ten, 
nor more than fifty dollars each. R. S. c. 108, § 16. 

Any constable, neglecting to perform his duties herein 
required, shall be fined not exceeding twenty dollars : and any 
town, for a like neglect of its duties shall be fined not exceeding 
one hundred dollars. R. S. c. 108, § 17. 

If the clerk of the court or sheriff, neglects to perform his 
duties so as to prevent a compliance with any of the provisions 
of this chapter, he shall be fined not exceeding fifty dollars* 
R. S. c. 108, § 18. 

Any juror, who, after being notified and returned, unneces- 
sarily fails in his attendance, shall be fined as for contempt, not 
exceeding twenty dollars. R. S. c. 108, § 19. 

Any town clerk or municipal officer, who commits a fraud on 
the box previous to the draft, in drawing a juror or in returning 
a name, which had been fairly drawn into the box, and drawing 
another in its stead, or in any other mode, shall be fined not 
exceeding two hundred dollars, half to the state and half to the 
prosecutor. R. S. c. 108, § 20. 



SELECTION AND SERVICE OF JURORS. 737 

Court may exclude juror not legally disqualified. 80 Me. 413. 

Person over seven tj 7 is qualified to act as juror but cannot be 
compelled to act. 79 Me. 120. 

Objection to juror must be made before trial, if known. 
Knowledge of attorney is knowledge of his client. 81 Me. 158. 



CHAPTER XC1X, 



CORONERS AND CORONERS' INQUESTS. 

Coroners shall hold inquests on dead bodies of such persons 
only as appear or are supposed to have come to their death by 
violence, and not when it is believed that their death was caused 
by casualty; and as soon as a coroner is notified of any such 
dead body in his county, he shall make out his warrant in the 
following form, directed to any of the constables of the same or 
an adjoining town in said county, requiring him forthwith to 
summon a jury of six good and lawful men of their towns to 
appear before him at the time and place fixed in the warrant. 
R. S. c. 140, § 1. For investigation of serious accident on steam 
and street railroad see "Railroads and Street Railroads". 

[l. s.] To either of the constables in the town of , in the county of 



GREETING. 

In the name of the State of Maine, you are hereby required immediately 

to summon six good and lawful men of said town of , to appear before 

me, one of the coroners of said county of , at the dwelling-house of 

, [or at a place called ,] within said town at the hour of in , 

then and there to inquire upon and view the body of , there lying 

dead, how and in what manner he came to his death. Fail not herein at 
your peril. 

Given under my hand and seal at , the day of , A. D. 19 — . 

S. F., . 

The constable, to whom such warrant is directed and delivered, 
shall forthwith execute it, at the time appointed, repair to the 
place where the dead body is, and make return of the warrant 
with his doings to said coroner, or forfeit ten dollars ; and every 
person summoned as a juror, neglecting to attend at the time 

47 



738 CORONERS AND CORONERS' INQUESTS. 

and place appointed, without reasonable excuse, forfeits seven 
dollars, to be recovered for the county in an action of debt in 
the name of the coroner or of the county. R. S. c. 140, § 2. 

The coroner shall, in view of the body, administer to the 
jurors who appear the following oath : 

You solemnly swear that you will diligently inquire and true present- 
ment make on behalf of the state, how, when, and in what manner, the per- 
son whose body here lies dead came to his death, and you shall return to 
me a true inquest thereof according to your knowledge and the evidence 
laid before you. So help you God. 

R. S. c. 140, § 3. 

If the six jurors summoned do not appear as commanded, the 
coroner may require the constable or any other person whom he- 
appoints, to return jurors from the bystanders to complete the 
number. R. S. c. 140, § 4. 

The coroner may issue subpoenas for witnesses, to be served as 
in other cases, and shall administer to them an oath as follows : 

You solemnly swear, that the evidence which you shall give to this 
inquest, concerning the death of the person here lying dead, shall be the 
truth, the whole truth, and nothing but the truth. So help you God. 

R. S. c. 140, § 5. 

Coroners, when holding inquests, have the same authority as 
probate courts, to compel the attendance of witnesses, and may 
commit for contempt. R. S. c. 140, § 6. 

The evidence of all the witnesses shall be in writing and 
signed by them ; and if it relates to the trial of any person con- 
cerned in the death, the coroner shall bind such witnesses by 
recognizance, in a reasonable sum, for their personal appearance 
at the next supreme judicial or superior court to be held in the 
same county, to give their testimony accordingly; and if they 
do not so recognize, he shall commit them to prison, and return 
to the same court the inquisition, written evidence and recogni- 
zance by him taken. R. S. c. 140, § 7. 

After the coroner has sworn the jurors, he shall charge them 
to declare whether the person died by felony, mischance or acci- 
dent ; if by felony, who were principals and accessories ; the 
instrument employed, and all important circumstances; if by 
mischance, or by his own hand, in what manner, and all attend- 
ing circumstances ; and shall make proclamation for all persons 
who can give any evidence to draw near and be sworn. R. S. 
c. 140, § 8. 



CORONERS AND CORONERS' INQUESTS. T39 

The jury, after examining the body, hearing the evidence and 
making all useful inquiries, shall draw up and deliver to the cor- 
oner their verdict in writing under their hands and seals, in 
substance as follows : 

An inquisition held at , within the county of , on the day of 

, A. D. 19 — , before S. F., one of the coroners of said county, upon view 

of the body of , there lying dead, by the oaths of , , good and 

lawful men, who, being charged and sworn to inquire for the state, when, 

how, and by what means said came to his death, upon their oaths say: 

[then insert how, when and by what means, and with what instrument he was 
killed.] In testimony whereof, the said coroner and the jurors of the 
inquest have hereunto set their hands and seals, the day and year above 
said. 

R. S. c. 140, § 9. 

If any person, charged by the inquest with causing the death 
of such person, is not then in custody, the coroner shall have 
the same power as a trial justice to issue a warrant for his appre- 
hension, to be returned before any judge or trial justice who 
shall proceed therein according to law. R. S. c. 140, § 10. 

Every coroner within his county, after the return of an inqui- 
sition of the jury upon view of the dead body of a stranger, shall 
bury it in a decent manner ; and all the expenses attending the 
burial and the expenses of the inquisition shall be paid out of 
the state treasury, if the coroner certifies under oath that the 
deceased was a stranger not belonging to the state, according to 
his best knowledge and belief ; otherwise, the expenses of burial 
shall be paid to the coroner by the town where the body was 
found, and be repaid to such town by the town to which he 
belonged; and the expense of the inquisition, by the county. 
The word stranger shall be held to mean a person having no 
residence or place of abode in this state ; but such word shall 
not apply to persons residing in the state and on whose account 
reimbursement might be had from the state by reason of his 
having no pauper settlement within the state. R. S. c. 140, 

§u. 

The coroner, if an inquest is held, shall be allowed three dol- 
lars a day for his services and attendance upon such inquest. 
The jurymen shall be allowed one dollar and fifty cents a day 
and travel at six cents a mile. The officer summoning jurors 
and witnesses shall receive fifty cents for summoning each, and 
six cents a mile travel for each juror and witness so summoned. 
In case no inquest is held the coroner shall be allowed three 



740 CORONERS AND CORONERS' INQUESTS. 

dollars a day for his services and his reasonable and necessary 
charges for any materials furnished or labor performed. Such 
fees, services and expenses to jurors, witnesses and officers shall 
be paid directly to the parties to whom they are due, upon the 
coroner's certificate, supported by proper vouchers, that the 
amount is thus due. There shall be paid to the party giving 
the coroner notice that a dead body has been found, to the person 
who picked up said dead body, and to the person who has had 
the care of such body until taken care of by the coroner, a rea- 
sonable compensation for their services, but in no event to exceed 
two dollars for rendering either of the foregoing services. R. S. 
c. 140, § 12. 

The evidence of all the witnesses taken at any inquest together 
with the record of the medical examiner shall, within ten days 
after the delivery of the verdict to the coroner, be filed by the 
coroner with the clerk of courts for the county in which said 
inquest is held and there remain open for public inspection. 
Coroners may employ a stenographer for the purpose of taking 
such evidence, who shall receive as compensation therefor the 
sum of six dollars a day, and ten cents a hundred words for 
transcript of notes, and six cents a mile for actual travel. P. L. 
1909 c. 189, § 13. 

The governor, with the advice and consent of the council, 
shall appoint for a term of four years, for each county in the 
state, one or more able and discreet men, learned in the science 
of medicine and anatomy, to be medical examiners in said county. 
P. L. 1909 c. 189, § 14. 

All medical examiners shall be bona fide residents of the 
county for which they are appointed. P. L. 1909 c. 189, § 15. 

Whenever a medical examiner is notified by the attorney gen- 
eral, county attorney for his county, or any coroner of his county 
that any person has come to his death by violence and that 
an autopsy is necessary, he shall immediately make a complete 
autopsy in the presence of the coroner who has the body in 
charge. The coroner and medical examiner, if they deem it 
necessary, may summon one local physician as an assistant and 
witness, who shall also act as clerk and make a full and complete 
record of all the facts and circumstances tending to show the 
condition of the body and all vital organs and the cause and 
manner of death, which record shall be signed by the medical 
examiner and the assistant and delivered to the coroner. P. L. 
1909 c. 189, § 16. 



CORONERS AND CORONERS' INQUESTS. 741 

The fees of said medical examiner shall be twenty-five dollars 
for the autopsy and actual travel and expenses. The fees of 
said assistant shall be ten dollars. P. L. 1909 c. 189, § IT. 

Every coroner shall be appointed and hold his office, as pro- 
vided in the constitution, and give bond to the treasurer of state, 
with sufficient sureties to the satisfaction of the county commis- 
sioners of his county, for the faithful discharge of his duties ; 
such bond shall be transmitted to said treasurer, like a sheriff's 
bond ; but when it is approved by the certificate of two county 
commissioners, and filed with the clerk of his county, he may 
discharge his duties until the first day of their next stated ses- 
sion, and not afterwards, unless his bond is then approved by 
them. R. S. c. 82, § 61. 

All the provisions of sections three, four, seven, and fourteen 
to eighteen inclusive, of chapter eighty-two of the revised stat- 
utes relating to sheriff's bond apply to coroners as well as to sher- 
iffs ; and any coroner neglecting to give the new bond required 
by section four, thereby vacates his office. R. S. c. 82, § 62. 

Every coroner shall serve and execute, within his county, all 
writs and precepts in which the sheriff thereof is a party, unless 
served by a constable, or while the office of sheriff therein is 
vacant, including those in which a town, plantation, parish, reli- 
gious society or school district, of which he is at the time a mem- 
ber, is a party or interested; and may lawfully serve, execute 
and return any process in his hands when his teian of office 
expires, or when he is notified of the qualification of the sheriff 
of his county after a vacancy. R. S. c. 82, § 63. 

Coroners are entitled to the same fees as sheriffs for similar 
services, except where otherwise expressly provided. R. S. c. 
117, § 6. 

For attending court in every trial where the sheriff is con- 
cerned, twenty-five cents, and the same for attending the jury 
therein. lb. 

The fees for taking inquests on dead bodies are as follows, to 
be certified in the coroner's return, and paid out of the county 
treasury. R. S. c. 117, § 7. 

To the coroner for granting a warrant and taking an inquest 
on one body, one dollar ; if on more than one at the same time, 
whose death was caused by the same means, twenty cents for 
each body after the first, and ten cents a mile for travel from his 
residence to the place of inquest. lb. 



742 CORONERS AND CORONERS' INQUESTS. 

To the jurymen, seventy-five cents each, for each day's attend- 
ance, and four cents a mile for travel each way. lb. 

To the constable for his travel and attendance, and expenses 
in summoning a jury, ninety cents a day. lb. 



CHAPTER C. 



CONSTABLES. 

Constables are to be chosen at the annual town meetings in 
March. R. S. c. 4, § 14. 

The duties and powers of a constable are various, some of 
which are as follows : He may be directed to warn town meet- 
ings, and, in the absence of the clerk, may preside for the choice 
of moderator. He may in certain cases act as collector of taxes, 
disperse unlawful assemblages, arrest temporarily suspicious per- 
sons, serve coroners' warrants, commit persons to the house of 
correction by order of the overseers of the poor, and do all other 
acts necessary to preserve the peace and protect property. 

A constable may serve, execute and return, upon any person 
in his town, or in an adjoining plantation, any writ of forcible 
entry and detainer, or any precept in a personal action, when 
the damage claimed does not exceed one hundred dollars, 
including those in which a town, plantation, parish, religious 
society or school district, of which he is a member, is a party or 
interested ; but before he serves any process, he shall give bond 
to the inhabitants of his town in the sum of five hundred dollars, 
with two sureties, approved by the municipal officers thereof, 
who shall indorse their approval on said bond in their own 
hands, for the faithful performance of the duties of his office, as 
to all processes by him served or executed ; and for every 
process that he serves before giving such bond, he forfeits not 
less than twenty, nor more than fifty dollars, -to the prosecutor. 
R. S. c. 82, § 64. 

Form of Constable's Bond. 

Know all men by these presents, that we , of , in the county of 

, as principal, and , of said , as sureties, are held and firmly 



CONSTABLES. 743 

bound to the inhabitants of the town of , in the sum of five hundred 

dollars; to which payment, well and truly to be made, we bind ourselves, 
our heirs, executors, and administrators, by these presents. 

Witness our hands and seals, this day of , 19 — . 

The condition of this obligation is such, that whereas said has been 

chosen a constable for said town for the year : now, if said shall 

well and faithfully perform all the duties of his said office, as to all proc- 
esses by him served or executed, then this obligation to be void; otherwise 
to remain in full force. 

Signed, sealed, and delivered in presence of 

A. B., ) [Seal.] 
C. D., } [Seal.] 
E. F., ) [Seal.] 

Form of Indorsement of Approval. 

This certifies that , the sureties named in the within bond, are, in 

our opinion sufficient and they are hereby approved. 

Dated, . 

G. H., ^ 

J. K., > Selectmen of . 

L. M., ) 

Persons injured by the neglect or misdoings of a constable 
have the same remedy by preliminary action, and action on his 
bond, as in case of a sheriff's bond. R. S. c. 82, § 65. 

Police officers, appointed in any city, have the powers of con- 
stables in all matters criminal, or relating to the by-laws of their 
city. R. S. c. 82, § 67. 

The fees of constables for the service and return of each 
venire, one dollar and fifty cents, and for actual travel six cents 
a mile each way in posting and delivering the notices mentioned 
in section nine of chapter one hundred and seventeen of the 
revised statutes ; and in notifying the juror or jurors drawn as 
provided in section fourteen of said chapter, to be paid out of 
the county treasury ; and for services which may be performed 
either by a deputy sheriff or a constable, the constable is allowed 
the same fees as a deputy sheriff, unless otherwise provided. 
R. S. c. 117, § 8. 



744 MARRIAGES, BIRTHS, DEATHS, ETC. 



CHAPTER CI. 



MARRIAGES, BIRTHS, DEATHS AND VITAL STATISTICS. 

No man shall marry his mother, grandmother, daughter, grand- 
daughter, stepmother, grandfather's wife, son's wife, grandson's 
wife, wife's mother, wife's grandmother, wife's daughter, wife's 
granddaughter, sister, brother's daughter, sister's daughter, father's 
sister, or mother's sister; and no woman shall marry her father, 
grandfather, son, grandson, stepfather, grandmother's husband, 
daughter's husband, granddaughter's husband, husband's father, 
husband's grandfather, husband's son, husband's grandson, brother, 
brother's son, sister's son, father's brother, or mother's brother. 
R. S. c. 61, § 1. 

No insane person or idiot is capable of contracting marriage. 
R. S. c. 61, § 2. 

Marriages, contracted while either of the parties has a former 
wife or husband not divorced, living, are void. R. S. c. 61, § 3. 

Residents of the state intending to be joined in marriage shall 
cause notice of their intentions to be recorded in the office of the 
clerk of the town in which each resides, at least five days before 
a certificate of such intentions is granted ; and if one only of the 
parties resides in the state, they shall cause notice of their inten- 
tions to be recorded in the office of the clerk of the town in 
which such party resides, at least five days before such certificate 
is granted ; and the book in which such record is made, shall be 
labeled on the outside of its cover, "Record of intentions of mar- 
riage," and be kept open to public inspection in the office of the 
clerk ; and if there is no such clerk in the place of their resi- 
dence, the like entry shall be made with the clerk of an adjoin- 
ing town. Persons who are non-residents of the state, intending 
to be married in this state, shall have their intentions of marriage 
recorded in the office of the clerk of the town in which they pro- 
pose to have the marriage solemnized, and the clerk may, upon 
request, issue his certificate on the same day in which he records 
the intentions of marriage of non-residents, but no person shall 



MARRIAGES, BIRTHS, DEATHS, ETC. 745 

marry any couple before he has received the certificate issued by 
the town or city clerk. R. S. c. 61, § 4. 

The clerk shall deliver to the parties a certificate specifying 
the time when such intentions were entered with him ; and it 
shall be delivered to the minister or magistrate before he begins 
to solemnize the marriage ; but no such certificate shall be issued 
to a male under twenty-one, or to a female under eighteen years 
of age, without the written consent of their parents or guardians 
first presented, if they have any living in the state ; nor to a 
town pauper when the overseers of such town deposit a list of 
their paupers with the clerk ; and for an intentional violation of 
the. foregoing prohibitions ; or for falsely stating the residence 
of either party named in such certificate, such clerk forfeits 
twenty dollars. R. S. c. 61, § 5. 

All certificates of record of intentions of marriage, issued by 
the clerks of cities, towns or plantations, shall have conspicuously 
printed thereon the following words : "The laws of Maine provide 
for a fine not exceeding one thousand dollars or imprisonment 
not exceeding five years to be the punishment of any clergyman 
or other person, who shall solemnize a marriage within this state 
unless commissioned or authorized by the governor of Maine to 
solemnize marriages." P. L. 1907 c. 65, § 1. 

Following the printing of the words required in section one said 
certificate shall contain the blank form for the return to the clerk 
of the city, town or plantation, which blank shall contain a space 
prepared for the entry of the date of the commission from the 
governor of Maine to the person solemnizing such marriage. P. 
L. 1907 c. 65, § 2. 

Whoever contracts a marriage, or makes false representations 
to procure such certificate or the solemnization of marriage con- 
trary to this chapter, forfeits one hundred dollars. R. S. c. 61, 
§6. 

When residents of this state go into another state for the pur- 
pose of marriage, and it is there solemnized, and they return to 
dwell here, they shall, on the blank prepared by the state regis- 
trar for that purpose, fill out and file a certificate of their mar- 
riage with the clerk of the town in which each of them lived, 
within seven days after their return. The clerk shall then record 
such marriage. Any person who fails to make the report of his 
marriage to the town clerk as is herein provided shall forfeit 
twenty dollars, half to the prosecutor, and half to the town where 
the forfeiture is incurred. R. S. c. 61, § 7. 



746 MARRIAGES, BIRTHS, DEATHS, ETC. 

Any person, believing that parties are about to contract mar- 
riage when either of them cannot lawfully do so, may file a cau- 
tion and the reasons therefor, in the office of the clerk where 
notice of their intentions should be filed. Then if either party 
applies to enter such notice, the clerk shall withhold the certifi- 
cate, until a decision is made by two justices of the peace, 
approving the marriage, after due notice to, and hearing all con- 
cerned ; provided, that the person filing the caution, shall, within 
seven days thereafter, procure the decision of such justices, 
unless they certify that further time is necessary for the purpose. 
In which case a certificate shall be withheld until the expiration 
of the certified time. He shall, finally, deliver or withhold the- 
certificate in accordance with the final decision of said justices. 
If the decision is against the sufficiency, the justices shall enter 
judgment against the applicant for costs, and issue execution 
therefor. R. S. c. 61, § 8 ; 88 Me. 252. 

When residents of this state, with intent to evade the provis- 
ions of sections one, two and three of this chapter, or of chapter 
sixty-two of the revised statutes, and to return and reside here, 
go into another state or country, and there have their marriage 
solemnized, and afterwards return and reside here, such marriage 
is void in this state. R. S. c. 61, § 9. 

Marriages solemnized among Quakers or Friends, in the form 
heretofore practiced in their meeting, are valid, and not affected 
by the foregoing provisions ; and the clerk or the keeper of the 
records of the meeting in which they are solemnized, shall make 
return thereof, as hereinafter provided. R. S. c. 61, § 10. 

Every justice of the peace or notary public residing in this 
state may solemnize marriages therein. Every ordained minister 
of the gospel, clergyman engaged in the service of the religious 
body to which he belongs, or person licensed to preach by an 
association of ministers, religious seminary or ecclesiastical body,, 
whether a resident or non-resident of this state, and of either sex, 
may solemnize marriages therein after being licensed for that 
purpose, upon application duly filed with the secretary of state, 
as herein provided. Such application shall be made upon blanks 
furnished by the secretary of state which shall be signed by the- 
applicant and set forth the necessary facts in the premises, which 
facts shall be certified to by the clerk, treasurer, or any of the 
municipal officers of the town wherein the applicant resides, or 
wherein the ceremony is to be performed. Upon receipt of such 
application the secretary of state shall issue to the applicant a 



MARRIAGES, BIRTHS, DEATHS, ETC. 74 T 

license under the seal of the state to the effect that he is author- 
ized to solemnize marriages in this state. Such license, or a 
certified copy thereof shall be received as evidence in all courts 
of his authority in the premises, and a copy of the record of any 
marriage solemnized by such licensee duly made and kept,, 
attested or sworn to by the clerk of the town in which the mar- 
riage intention was recorded or in which the marriage was sol- 
emnized shall be received in all courts as evidence of the fact of 
marriage. Such license shall continue until revoked by the gov- 
ernor for cause, after notice and an opportunity to be heard 
thereon. P. L. 1909 c. 161, § 1. 

Whoever knowingly and willingly joins persons in marriage 
contrary to this chapter, forfeits one hundred dollars, two-thirds 
thereof to the county where the offense is committed, and one- 
third to the prosecutor, to be recovered by the county treasurer,, 
or by the parent, guardian, or other person under whose imme- 
diate care and government either of the parties was at the time 
of such marriage ; and such offender is forbidden to join any 
persons in marriage thereafter. P. L. 1909, c. 161, § 13. 

If an}^ person thus forbidden, or any minister or other person 
not authorized to solemnize marriages, joins any persons in mar- 
riage, he shall be confined to hard labor in the state prison for 
not more than five years, or fined not exceeding one thousand 
dollars. R. S. c. 61,' § 14. 

A copy of a record so made and kept, attested or sworn to by 
a justice of the peace, commissioned minister, or town clerk, 
shall be received in all courts as evidence of the fact of marriage. 
R. S. c. 61, § 15. 

No marriage, solemnized before any known inhabitant of the 
state professing to be a justice of the peace, or an ordained or 
licensed minister of the gospel duly appointed and commissioned, 
is void, nor is its validity affected by any want of jurisdiction or 
authority in the justice or minister, or by any omission or infor- 
mality in entering the intention of marriage, if the marriage is 
in other respects lawful, and consummated with a full belief, on 
the part of either of the persons married, that they are lawfully 
married. R. S. c. 61, § 16. 

A town clerk who makes out and delivers to any person a 
false certificate of the entry of the intention of marriage, know- 
ing it to be false in any particular, shall be fined one hundred 
dollars or imprisoned six months. R. S. c. 61, § 17. 



748 MARRIAGES, BIRTHS, DEATHS, ETC. 

The secretary of the state board of health shall be the regis- 
trar of vital statistics for the state, and shall furnish to clergy- 
men, and others authorized to marry, to sextons, to physicians, 
town clerks, clerks of the society of Friends, and clerks of courts, 
a copy of the provisions of this chapter relating to the registra- 
tion of vital statistics, and suitable blanks for recording births, 
marriages, deaths and divorces, so printed, with appropriate 
headings, as readily to show the following facts and such others 
as may be deemed necessary to secure an accurate registration. 

First. The record of birth shall state its elate and place of 
occurrence, full Christian and surname, if named, color and sex 
of child, whether living or stillborn, and the full Christian and 
surnames, color, occupation, residence and birthplace of parents. 

Second. The record of marriage shall state its date and place 
of occurrence, the name, residence, and official character of the 
person by whom solemnized, the full Christian and surnames of 
the parties, the age, color, birthplace, occupation and residence 
of each, the condition, whether single or widowed, whether first, 
second or other marriage ; and the full Christian and surnames, 
residence, color, occupation and birthplace of their parents. 

Third. The record of death shall state its date, the full Chris- 
tian and surname of the deceased, the sex, color, condition, 
whether single or married, age, occupation, place of birth, place 
of death, the full Christian and surnames and birthplaces of 
parents, and the disease or other cause of death, so far as known. 
R. S. c. 61, § 18. 

The attending physician, accoucheur, midwife or other person 
in charge, who shall attend at the birth of any child, living or 
stillborn, within the limits of any town or city in this state, shall 
report to the clerk of such town or city within six days there- 
after, all the facts regarding such birth, as required in section 
eighteen. R. S. c. 61, § 19. 

Every person authorized to unite persons in marriage shall 
make a record of every marriage solemnized before him, in con- 
formity with the requisitions prescribed for blank records of 
marriages in section eighteen, and shall within six days there- 
after, deliver or forward to the clerk of each town in which the 
marriage intention was recorded, and to the clerk of the town in 
which the marriage was solemnized, a copy of such record of 
marriage. R. S. c. 61, § 20. 

A physician who has attended a person during his last illness 
shall within twenty-four hours after the death of said person 



MARRIAGES, BIRTHS, DEATHS, ETC. 749 

make a certificate stating, to the best of bis knowledge and 
belief, the name of the deceased, his age, the disease of which he 
died, and the date of his death, and shall either deliver it to the 
person superintending the burial or leave it with the family of 
the deceased or at the said physician's office where it may be 
obtained when called for; and a physician or midwife who has 
attended at the birth of a child dying immediately thereafter, or 
at the birth of a stillborn child, shall, when requested, forthwith 
furnish for registration a certificate, stating to the best of his 
knowledge and belief the fact that such child died after birth or 
was born dead. It shall be a misdemeanor for any person to 
make a false return in regard to any birth or death. R. S. c. 61, 
§ 21. 

Whenever any person shall die, or any stillborn child be 
brought forth in this state, the undertaker, town clerk or other 
person superintending the burial of said deceased person, shall 
obtain from the physician attending such bringing forth or last 
sickness, a certificate, duly signed, setting forth as far as may be, 
the facts required by section twenty-one ; and the undertaker or 
other person having charge of the burial of said deceased person, 
shall add to said certificate the other facts required by section 
eighteen ; and having duly signed the same, shall forward it to 
the clerk of the town or city where said person died and obtain 
a permit for burial ; and in case of any contagious or infectious 
disease, said certificate shall be made and forwarded immediately. 
R. S. c. 61, § 22. 

In case of an}^ deceased person not having had the attendance 
of a physician in his or her last sickness, the town clerk may 
issue and sign the certificate of death, upon presentation of such 
facts as may be obtained of relatives, persons in attendance upon 
said deceased person during said last sickness or present at the 
time of death, or from any other source, and the permit for burial 
shall be issued upon such information. Said certificate and per- 
mit shall not be required before burial in cases where it is imprac- 
ticable to obtain the same within a reasonable time after death, 
but in all such cases said certificate shall be obtained as soon as 
practicable after death. R. S. c. 61, § 23. 

No body of a deceased person whose death was caused by 
cholera, yellow fever, diphtheria, scarlet fever, typhus fever, 
typhoid fever, small-pox or other pestilential disease, shall be 
removed from place to place in this state by any railroad, steam- 
boat or other common carrier, unless there shall be attached to 
the outer case in which said body is enclosed, a certificate from 



750 MARRIAGES, BIRTHS, DEATHS, ETC 

the board of health where such person died, stating the disease 
causing such death, and that necessary precautions against infec- 
tion satisfactory to said board have been observed. A certificate 
of death giving heart failure as the only cause of death shall not 
be deemed sufficient upon which to issue a burial permit, and 
such certificate must be returned to the physician who made it 
for the proper correction and definition. If the body of a 
deceased person is brought into this state from without for 
burial, and if it is accompanied by a permit issued by the legally 
constituted authorities of the state from which it was brought, 
such permit shall be received as sufficient authority upon which 
the clerk of the town in which said body is to be buried shall 
issue a permit for burial ; but if it is not accompanied by such 
permit, then the person or persons in charge of it shall apply for 
a burial permit to the clerk of the town in which it is to be 
buried, and the clerk of the town shall issue such permit when 
furnished with satisfactory information. R. S. c. 61, § 24. 

Within six days following such events, parents shall report to 
the clerk of their city or town the births or deaths of their 
children ; householders shall report every birth or death happen- 
ing in their houses ; the eldest person, next of kin, shall report 
the death of his kindred ; the keeper of a workhouse, house of 
correction, prison, hospital, almshouse, or other institution, and 
the master or other commanding officer of a ship, shall report 
every birth or death happening among the persons under his 
oharge ; and parents and other persons enumerated in this sec- 
tion shall not be absolved from the duty of reporting births until 
the names of the children have been given to the clerk of the 
city or town in which the births occur. R. S. c. 61, § 25. 

When a birth, marriage or death occurs in an unincorporated 
place, it shall be reported to the town clerk in the town which is 
nearest to the place at which the birth, marriage or death took 
place, and shall be recorded by the town clerk to whom the 
Teport is made ; and all such reports and records shall be made 
and recorded and returned to the state registrar as is provided 
herein. R. S. c. 61, § 26. 

The clerk of each town shall, on the first Monday of each 
month, make a certified copy of the record of all deaths and 
births recorded in the books of said town during the previous 
month, whenever the deceased person, or the parents of the child 
born were resident in any other town in this state at the time of 
said death or birth, or whenever they were recently resident in 
any other town, or whenever the remains of any deceased person 



MARRIAGES, BIRTHS, DEATHS, ETC. 751 

Lave been carried to any other town for burial and shall trans- 
mit said certified copies to the clerk of the town in which said 
-deceased person or parents were resident at or near the time of 
said birth or death, or to which the remains of such deceased 
person have been carried for burial, stating in addition the name 
of the street and the number of the house, if any, where such 
deceased person or parents so resided, whenever the same can be 
•ascertained ; and the clerk so receiving such certified copies shall 
record the same in the books kept for recording deaths or births. 
Such certified copies shall be made upon blanks to be furnished 
for that purpose by the registrar of vital statistics. R. S. c. 61, 
§27. 

Except as provided in section twenty-three, no interment or 
disinterment of the dead body of any human being, or disposi- 
tion thereof in any tomb, vault or cemetery, shall be made with- 
out a permit as aforesaid, from the clerk of the town or city 
where said person died, or in case of disinterment, is buried, nor 
otherwise than in accordance with such permit. No undertaker 
or other person shall assist in, assent to or allow any such inter- 
ment or disinterment to be made, except as provided in section 
twenty-three, until such permit has been given as aforesaid ; and 
every undertaker or other person having charge of any burial 
place as aforesaid, who shall receive such permit, shall preserve 
and return the same to the clerk of the town in which the death 
occurred within six days after the day of burial. R. S. c. 61, 
§28. 

The town or city clerk may appoint two suitable and proper 
persons, in each town or city, as sub-registrars, who shall be 
authorized to issue burial permits based upon a death certificate, 
as hereinbefore provided, in the same manner as is required of 
the town or city clerk ; and the said death certificate upon 
i^hich the permit is issued shall be forwarded to the town clerk 
within six days after receiving the same, and all permits by 
whomsoever issued shall be returned to the town clerk as 
required by section twenty-eight. The appointment of sub-reg- 
istrars shall be made with reference to locality, so to best suit 
the convenience of the inhabitants of the town, and such 
appointment shall be in writing and recorded in the office of the 
town or city clerk, and the sub-registrars in any town shall hold 
office at the pleasure of the town clerk. R. S. c. 61, § 29. 

Town clerks and sub-registrars may issue burial permits to per- 
sons in contiguous towns, when by so doing it would be more 
convenient for those seeking a permit, but in all cases the permit 



752 MARRIAGES, BIRTHS, DEATHS, ETC. 

shall be made returnable to the town clerk of the town in which 
the death occurred. R. S. c. 61, § 30. 

The assessors shall, when taking the annual inventory, collect 
and return to the town clerk, before the first day of June, the 
births which have occurred within their respective jurisdictions 
during the year ending December thirty-first next preceding, 
together with the names of such children. R. S. c. 61, § 31. 

The clerk of every town shall keep a chronological record of 
all births, marriages and deaths reported to him, or known to him, 
and shall, between the tenth ancl the fifteenth of May, nineteen 
hundred and seven, send to the state registrar a copy of the rec- 
ord of all births, marriages, and deaths occurring during the four 
preceding months of that year, and thereafter shall, between the 
tenth and the fifteenth of every succeeding month, transmit to 
the state registrar a copy of the record of all births, marriages 
and deaths which have occurred "within the month next preced- 
ing, together with the names, residences, and official stations of 
all persons who have neglected to make returns to him in relation 
to the subject matters of such records, which the law required 
them to make, all to be made upon blanks to be prepared and fur- 
nished by the state registrar; and if no births, marriages, or 
deaths have occurred in the aforementioned period of time or 
month, for which returns are to be made, the town clerk shall 
send the state registrar a statement to that effect. Whenever a 
birth, marriage, or death, required by law to be returned to such 
clerk, is reported to him, or he learns of it, too late for inclusion 
in his returns as provided hereunder to the state registrar, he 
shall, after it is reported to him, or after he has knowledge of it, 
make clue returns thereof to the state registrar forthwith. R. S. 
c. 61, § 32. 

The clerks of courts for the several counties shall, annually, 
during the month of February, make returns to the registrar of 
vital statistics relating to libels for divorce in their respective 
counties for the calendar year next preceding. Such returns shall 
specify the following details ; the number of divorces granted ; 
and the names of the parties including the maiden name and any 
other former name of female, if any, when ascertainable. R. S- 
c. 61, § 33. 

The state registrar shall cause the returns made to him in pur- 
suance of the two preceding sections to be arranged alphabetic- 
ally for convenient reference, and carefully preserved in his office. 
He shall annually make and publish a general abstract and report 



MARRIAGES, BIRTHS, DEATHS, ETC. 753 

of the returns of the preceding year in such form as will render 
them of practical utility, not more than two thousand five hun- 
dred copies of which shall be printed and bound in cloth, one 
copy of which shall be forwarded to every town, one copy to each 
senator and representative, one copy to each state and territory 
in the union, and the remainder to such departments, libraries 
and persons as the state registrar shall direct. R. S. c. 61, § 34. 

The sum of three thousand dollars a year, is hereby appropri- 
ated for printing and binding the circulars and blanks, for post- 
age and expressage, and to defray the expenses of clerical work 
and the necessary traveling expenses of the state registrar in 
carrying out the provisions of this chapter relating to the regis- 
tration of vital statistics. R. S. c. 61, § 35. 

The town clerk's record of any birth, marriage or death, or a 
duly certified copy thereof, shall be prima facie evidence of such 
birth, marriage or death, in any judicial proceeding. R. S. c. 61, 
§ 36. 

Clerks of cities shall transmit to the board of registration list 
of male persons over twenty-one years of age deceased since the 
preceding election. R. S. c. 5, § 26. 

If any person shall willfully neglect or refuse to perform any 
duty imposed upon him by the provisions of section ten or of 
the nineteen last preceding sections, it shall be a misdemeanor, 
and he shall be fined not more than one hundred dollars for each 
offense, for the use of the town in which the offense occurred, 
and the state registrar shall enforce this section as far as comes 
within his power ; when the state registrar knows, or has good 
reason to believe, that any penalty or forfeiture hereunder has 
been incurred, he shall forthwith give notice thereof, in writing 
to the county attorney of the county in which said penalty or 
forfeiture has occurred, which notice shall state as near as may 
be, the time of such neglect, the name of the person or persons 
incurring the penalty or forfeiture, and such other facts relating 
to the default of duty as said state registrar may have been able to 
learn, and upon receipt of such notice the county attorney shall 
prosecute the defaulting person or persons. R. S. c. 61, § 37. 

The clerk of each city or town shall enforce, so far as comes 
within his power, sections ten, nineteen, twenty, twenty-one, 
twenty-two, twenty-five, twenty-eight and thirty-one of this chap- 
ter, and when he knows of any birth, marriage or death, which 
is not reported to his office in accordance with the provisions of 

48 



754 MARRIAGES, BIRTHS, DEATHS, ETC. 

this chapter, he shall collect so far as he is able to do so, the 
facts called for in the blank certificates of birth, of marriage, or 
of death, as furnished by the state registrar, and shall record 
them as is herein prescribed ; for each birth or death duly 
reported to the town clerk, physicians shall receive twenty-five 
cents from the town in which the birth or death has occurred. 
R. S. c. 61, § 38. 

When the state registrar of vital statistics believes that, in any 
place in this state, the records of births, marriages, or deaths are 
not made as is provided by law, or that any person neglects or 
fails to perform any duty provided in the law relating to the 
registration of vital statistics, the said registrar may visit such 
places and make such investigations as he may deem necessary, 
and all records, blanks and papers of town clerks relating to 
births, marriages or death shall be open to his examination, and 
any person who refuses such examination or hinders such inves- 
tigation shall be guilty of a misdemeanor and shall be fined not 
less than five nor more than twenty dollars. All actual traveling 
and other necessary expenses thus incurred by the state registrar, 
or incurred in attending the prosecution of cases brought by 
county attorneys, under the provision of section thirty-seven of 
this chapter, shall be paid by the state from the appropriation 
provided in section thirty-five, but not more than two hundred 
dollars shall thus be paid to the state registrar for such expenses 
in one year. P. L. 1909 c. 75, § 8. 

When a town or city clerk receives a certificate of the death 
of any person who has died of tuberculosis in his town, he shall 
forthwith send a copy of said certificate to the health officer of 
his town or city, or where there is no health officer, to the secre- 
tary of the local board of health. P. L. 1909 c. 75, § 9. 

The registrar of vital statistics shall require all copies which 
are transmitted under the provisions of section thirty-two of 
chapter sixty-one to be typewritten or written with black durable 
ink in a fair or legible hand, and a city or town clerk who neg- 
lects or refuses to make or cause to be made typewritten or fair 
and legible copies as required shall forfeit not less than twenty 
nor more than one hundred dollars, to the use of the state. P. L. 
1909 c. 75, § 10. 

No particular form of marriage is necessary. The following 
may be used : 

You, A. B. and C. D., having entered into an agreement to become hus- 
band and wife, and having produced to me a certificate according to law, 
will now please join your hands. 



MARRIAGES, BIRTHS, DEATHS, ETC. 755 

Do you (addressing the man) take this woman to be your lawful wife, 
promising to love, honor, cherish and protect her and in all respects to be a 
faithful husband to her, so long as you both shall live? 

Answer, I do. 

Do you (addressing the woman) take this man to be your lawful husband, 
promising to love, honor and cherish him, and in all respects to be a faith- 
ful wife to him, so long as you both shall live? 

Answer, I do. 

I now pronounce you husband and wife, married according to the laws of 
the state. Those whom God hath joined together, let no man put asunder 

The form of a certificate of marriage may be as follows : 

To all whom it may concern: 

This is to certify, that A. B. and C. D., both of E., in the county of F. 

and State of Maine, were joined in marriage, at E., on the day of 

A. D. 19—. 

By me, 

G. H., Justice of the Peace. 



CHAPTER CIL 



REFERENCE OF DISPUTES BY CONSENT OF PARTIES. 

All controversies which may be the subject of a personal action, 
may be submitted to one or more referees, with the same powers 
as those appointed by the court ; and the parties personally, or 
by attorney, may sign and acknowledge an agreement before a 
justice of the peace, although he is one of the referees, in sub- 
stance as follows : 

Know all men by these presents, that , of , in the county of , 

and , of , in the county of , have agreed to submit the demand 

made by said , against said , which is hereunto annexed [and all 

other demands between the parties, as the case may 6e], to the determination 

of ; and judgment rendered on their report, or that of a majority of 

them, made to the supreme judicial [or superior] court for the said county 

of , within one year from this day, shall be final. And if either party 

neglects to appear before the referees, after proper notice given to him of 
the time and place appointed for hearing the parties, they may proceed in 
his absence. 

Dated this day of , in the year . 



756 REFERENCE OF DISPUTES. 

Such agreement shall not be revoked without mutual consent ; 
but the parties may agree when the report shall be made, and 
vary the form accordingly. R. S. c. 110, § 1. 

If all demands between the parties are so submitted, no specific 
demand need be annexed to the agreement ; but if a specific 
demand only is submitted, it shall be annexed to the agreement 
and signed by the party making it, and be so stated as to be 
readily understood. R. S. c. 110, § 2. 

All the referees must meet and hear the parties ; but a major- 
ity may make the report, which shall be as valid as if signed by 
all, if it appears by the report, or certificate of the dissenting 
referee that all attended and heard the parties. They may allow 
costs or not to either party unless special provision is made there- 
for in the submission, but the court may reduce their compensa- 
tion ; and any referee may swear witnesses. R. S. c. 110, § 3. 

The report shall be made to the court and within the time 
specified in the submission ; one of the referees shall deliver it 
into court, or it shall be sealed up and sent sealed to the court, 
and be opened by the clerk. R. S. c. 110, § 4. 

The court may accept, reject, or recommit the report, and 
either party may file exceptions thereto; if recommitted, the 
referees shall notify the parties of the time and place for a new 
hearing; when the report is accepted, judgment shall be entered 
thereon as in case of submissions by rule of court; and either 
party may bring a writ of error to reverse such judgment. R. S. 
c. 110, § 5. 

Reference may also be made at common law and by rule of 
court. A reference at common law may be readily drawn up by 
consulting the form for a statutory reference given in section 
one, the proper changes being made. The provision relating to 
return of the report to a court should be omitted, and other pro- 
visions added as the case may require. 



FEES OF TRIAL JUSTICES, ETC. 757 



CHAPTER CIIL 



FEES OF TRIAL JUSTICES AND JUSTICES OF THE 

PEACE. 

The fees of trial justices and justices of the peace shall be as 
follows : 

For every blank writ of attachment and summons thereon, or 
original summons, ten cents. 

For every subpoena for one or more witnesses, ten cents. 

Entry of an action, or riling a complaint in civil causes, includ- 
ing filing of papers, swearing of witnesses, examination, allowing 
and taxing the bill of costs, and entering and recording judgment, 
thirty cents. Each continuance in a civil action, five cents. 

Trial of an issue in a civil action, eighty cents, and when more 
than one day is used in the trial, two dollars for each day after 
the first, actually employed. 

Copy of a record or other paper, at the rate of twelve cents a 
page. 

Writ of execution, fifteen cents. 

For a recognizance to prosecute an appeal, including principal 
and surety, twenty cents. 

Taking a deposition, affidavit or disclosure of a trustee, in any 
cause not pending before himself, twenty cents ; for writing the 
same with the caption, and for the notification to the parties and 
witnesses, at the rate of twelve cents a page ; the justice who 
takes such affidavit, deposition or disclosure, shall certify the 
fees of himself, of the witnesses, or party disclosing, and of the 
officers serving the notifications. 

Taking a deposition in perpetual memory of the thing, the 
same fees as in taking other depositions. 

Administering an oath in all cases, except on a trial or examina- 
tion before himself, and to qualify town and parish officers, and 
a certificate thereof, twenty-five cents, whether administered to 
one or more persons at the same time. 



758 FEES OF TRIAL JUSTICES, ETC. 

Taking the acknowledgment of a deed with one or more seals, 
if it is done at the same time, and certifying the same, twenty- 
five cents. 

Granting a warrant of appraisal in any case, and swearing 
appraisers, fifty cents. 

Receiving a complaint, and issuing a warrant in criminal cases, 
fifty cents. 

Entering a complaint in a criminal prosecution, swearing wit- 
nesses, rendering and recording judgment, examining, allowing 
and taxing the costs, and filing the papers, seventy-five cents. 

Trial of an issue in a criminal case, eighty cents ; and when 
more than one day is used in the trial, two dollars for each day 
after the first, actually employed. 

Recognized persons charged with crimes for their appearance 
at the supreme judicial or superior courts, and for certifying and 
returning the same, with or without sureties, twenty-five cents. 

Mittimus for the commitment of any person on a criminal 
accusation, twenty-five cents. 

In a bastardy process, the fees may be charged as for like serv- 
ices in a criminal prosecution. 

Drawing a rule for submission to referees, and acknowledging 
the same, thirty-three cents. 

Writ to remove a nuisance, thirty-three cents. 

Calling a meeting of a corporation, fifty cents. 

For an examination of a debtor under chapter one hundred and 
fourteen, two dollars for each day employed in such examination, 
in full payment for all official services and expenses in such 
examination, exclusive of travel. For travel on official duty, 
twelve cents a mile one way, but one to be taxed for over ten 
miles one way and in no case shall there be constructive travel. 

In all cases where the attendance of two or more justices is 
required, each is entitled to the fees prescribed for all services 
rendered by him personally. R. S. c. 136, § 2. 



INSPECTION OF LIME AND LIME CASKS. 759 



CHAPTER CIV. 



INSPECTION OF LIME AND LIME CASKS. 

The governor, with the advice and consent of the council shall 
appoint in each town where lime is manufactured, one resident 
citizen thereof to be inspector of lime casks therein for four years 
and until his successor is appointed and qualified unless sooner 
removed. He shall give bond, with sufficient sureties, for the 
faithful performance of his duties before entering thereon, to the 
treasurer of his county, in the following sums : the inspector of 
Rockland, five thousand dollars ; of Thomaston and Rockport, 
three thousand dollars each ; and of every other town, two thou- 
sand dollars each, to be approved by the county commissioners; 
and each lime manufacturer shall designate to the inspector one 
or more persons to act as deputy inspector of lime casks used by 
him, from which number the inspector shall appoint as many 
deputies as are necessary, who shall give bond to the treasurer 
of the county in like manner as their principal in the sum of one 
thousand dollars. Such deputy shall have sole inspection of lime 
casks on the premises of the manufacturer by whom he is desig- 
nated. R, S. c. 40, § 2. 

Lime casks shall be made of sound and seasoned sawed timber 
in a workmanlike manner and kiln dried or well fired on the 
inside, with staves not less than twenty-nine inches in length 
and three-eighths of an inch thick on the thinnest edge ; heads 
not less than five-eighths of an inch thick and fifteen and one-half 
inches in diameter when dry and well crozed in ; good and strong 
hoops of oak, ash, beech, birch, maple, cherry or elm wood, not 
less than one inch wide in the narrowest part and not less than 
eight in number, except when two or more hoops of uniform 
shape throughout not less than one and one-fourth inches wide 
are used, the whole number may be reduced to six, or instead of 
such hoops, hoops of metal may be used, and where all the hoops 
are of metal the number may be reduced to four ; each cask shall 
be not less than twenty-five inches in length between the heads, 
fifteen and one-fourth inches in width between the chimes and 



760 INSPECTION OF LIME AND LIME CASKS. 

seventeen inches in the clear on the inside at the bilge. No lime 
casks or barrels to contain lime shall be manufactured and no 
lime shall be put up for sale in casks or barrels of less size than 
herein provided, or not made in accordance with this section. 
R. S. c. 40, § 3. 

All packages containing lime shall have conspicuously on the 
outside thereof in distinct and plain letters the full name, or ini- 
tials of the Christian name and full surname of the manufacturer 
followed by the letters "Man'r," with the name of the place or 
particular locality where manufactured. Nowhere, on any such 
package shall appear the name, an abbreviation of the name, or 
any imitation of any name or abbreviation of the name of any 
city or town, other than that in which the lime contained in such 
package is manufactured. R. S. c. 40, § 4. 

Every manufacturer of lime shall make on the first day of Jan- 
uary of each year, to the inspector of lime casks in the town 
where the lime is manufactured, a return, showing the whole 
amount of lime manufactured by him, the amount put up in 
packages, and the kind, number and size of such packages and 
the amount sold or shipped iD bulk. R. S. c. 40, § 5. 

The inspectors and their deputies shall inspect all lime casks 
and see that in all respects the provisions of this section and 
four preceding sections are complied with, and for the purpose 
of performing such duties they may stop and inspect casks in 
transit or offered for sale. They shall be responsible to any 
person injured by their misconduct, or their failure to perform 
their official duty, and when judgment is recovered against the 
inspector or deputy on account of any misdoings in his office and 
the execution is returned unsatisfied, the creditor may avail him- 
self of the benefit of the inspector's or deputy's bond, a copy of 
which shall be given him on request, by like proceedings as a 
party injured by the misdoing of a sheriff may avail himself of 
the bond of such sheriff. R. S. c. 40, § 6. 

Whoever violates any provision of the five preceding sections 
shall be punished by fine not exceeding fifty dollars for each 
offense. R. S. c. 40, § 7\ 



INSPECTION OF LEATHER, BOOTS AND SHOES. 761 



CHAPTER CV. 



INSPECTION OF LEATHER, BOOTS, AND SHOES. 

Every manufacturer of leather, and of boots and shoes, of any 
description, has the exclusive right of stamping them with the 
initials of his Christian name, and the whole of his surname ; and 
such stamping is a warranty that the article is merchantable, and 
well made of good materials ; and if any person fraudulently 
stamps any such articles with the name or stamp of any other 
person, he shall be fined not exceeding twenty dollars, or impris- 
oned not exceeding six months. R. S. c. 40, § 17. 

The municipal officers of each town, when they deem it expe- 
dient, may appoint one or more suitable inspectors of sole leather, 
and receive such fees from their employer, as said officers estab- 
lish; and when paid by the seller, to be repaid to him by the 
buyer ; when requested, they shall go to any place in their town 
to inspect any sides of sole leather, which have not been inspected 
according to law in this state. R. S. c. 40, § 15. 

Each inspector shall provide himself with a proper apparatus, 
with which he shall weigh and stamp every side of sole leather 
inspected by him, with the weight thereof, his surname, and the 
name of his town ; and on all sole leather made of good hides, 
and in the best manner, the word "best," shall be stamped ; on 
all made of such hides in a merchantable manner, the word 
"good" ; and on all other, the words "second quality," "third 
quality," "damaged," or "bad," according to the fact ; and who- 
ever counterfeits, alters or defaces such mark, forfeits twenty 
dollars for each offense, half to the town and half to the prose- 
cutor. R. S. c. 40, § 16. 



'62 SURVEY OF WOOD, BARK, COAL, ETC. 



CHAPTER CVI. 



SURVEY OF WOOD, BARK, COAL, HOOPS, STAVES 
AND LUMBER. 

Towns may, by ordinance, regulate the measure and sale of 
wood, coal and bark therein, and the location of teams hauling* 
the same ; and may enforce it by reasonable penalties. All cord 
wood exposed for sale shall be four feet long including half the 
scarf, and well and closely laid together ; a cord of wood or bark 
shall measure eight feet in length, four feet in width, and four 
feet in height, or otherwise contain one hundred and twenty- 
eight cubic feet ; and the measurer shall make due allowance for 
refuse or defective wood, and bad stowage. R. S. c. 42, § 1. 

If any firewood or bark, brought into any town by land, is 
sold and delivered, unless otherwise agreed to by the purchaser, 
before it is measured by a sworn measurer, and a ticket signed 
by him and given to the driver, stating the quantity that the 
load contains, the name of the driver, and the town in which he 
resides, such wood or bark is forfeited and may be libeled and 
disposed of according to law. R. S. c. 42, § 2. 

All cord wood, brought by water into any town for sale, shall 
be corded on the wharf or. land, on which it is landed, in ranges 
making up in height what is wanting in length ; then it shall be 
so measured and a ticket given to the purchaser, who shall pay 
the stated fees ; and no such wood shall be carried away by any 
wharfinger or carter, before it has been so measured, under a 
penalty of one dollar for every load. R. S. c. 42, § 3. 

Persons, carrying firewood from a wharf or landing for sale, 
shall be furnished by the owner or seller with a ticket stating the 
quantity, and the name of the driver; and if such firewood is 
carried away without such ticket, or any driver refuses to exhibit 
such ticket to any sworn measurer on demand, or does not con- 
sent to have the same measured, when in the opinion of the meas- 
urer the ticket certifies a greater quantity of wood than the load 
contains, such wood shall be forfeited, and may be seized and 
libeled by said measurer according to law. R. S. c. 42, § 4. 



SURVEY OF WOOD, BARK, COAL, ETC. 763 

When any wood, bark or charcoal sold by the cord, foot or 
load, is so stowed as to prevent the surveyors from examining 
the middle of the load, and it appears on delivery that it was 
stowed with a fraudulent intent of obtaining payment for a 
greater quantity than there was in fact, the seller or owner 
thereof forfeits ten dollars to the county. R. S. c. 42, § 5. 

Charcoal brought into a town for sale, may be measured and 
sold by the cord or foot, estimating the cord at ninety-six bushels, 
when the purchaser and seller agree to the same ; and the meas- 
urers before named shall be measurers of charcoal also. R. S. 
c. 42, § 6. 

All baskets for measuring charcoal brought into a town for 
sale, shall be sealed by the sealer of the town where the person 
using them usually resides, and shall contain two bushels and be 
of the following dimensions, viz. : nineteen inches in breadth in 
every part and seventeen inches and a half deep, measuring from 
the top of the basket to the highest part of the bottom ; and in 
measuring charcoal for sale, the basket shall be well heaped. 
R. S. c. 42, § 7. 

Whoever measures charcoal for sale in any basket of less 
dimensions, or not sealed, forfeits, for each offense, five dollars. 
R. S. c. 42, § 8. 

The municipal officers of towns may appoint some suitable 
person to seize and secure all baskets used for measuring coal, 
not according to the provisions hereof. R. S. c. 42, § 9. 

Any measurer of wood, bark or charcoal who neglects or 
refuses to give to the owner or purchaser a certificate of the 
contents of a load, forfeits five dollars for each offense, and all 
the penalties hereinbefore provided, may be recovered by action 
of debt or complaint, half to the town where the offense is com- 
mitted, and half to the prosecuter. R. S. c. 42, § 10. 

Anthracite, bituminous, and other mineral coal shall be sold by 
weight; and two thousand pounds thereof are a ton. R. S. c. 
42, § 11. 

The municipal officers of towns shall annually appoint weigh- 
ers of such coal, and receive such fees as said officers may estab- 
lish, to be paid by the buyer. R. S. c. 42, § 12. 

Unless coal is sold by the cargo, the seller shall, on request of 
the purchaser, cause it to be weighed by a sworn weigher, who 
shall make a certificate of the weight ; and he shall deliver such 



764 SURVEY OF WOOD, BARK, COAL, ETC. 

certificate to the buyer, before commencing a suit against him for 
the price of such coal. R. S. c. 42, § 13. 

Every town, at its annual meeting, shall elect one or more 
surveyors of boards, plank, timber and joist ; one or more survey- 
ors of shingles, clapboards, staves and hoops ; and every town 
containing a port of delivery whence staves and hoops are usually 
exported, shall also elect two or more viewers and cullers of 
staves and hoops ; and the municipal officers of a town may, if 
they deem it necessary, appoint not exceeding seven surveyors of 
logs. R. S. c. 42, § 14. 

All boards, plank, timber, and joist offered for sale shall, 
before delivery, be surveyed by a sworn surveyor thereof; and 
if he has doubts of the dimensions, he shall measure the same, 
and mark the contents thereon making reasonable allowance for 
rots, knots and splits, drying and shrinking. Pine boards three- 
fourths of an inch thick when fully seasoned, and in that pro- 
portion when partly seasoned, shall be considered merchantable ; 
and no pine boards, except sheathing boards, shall be shipped 
for exportation beyond the United States, but such as are square 
edged, and not less than seven-eighths of an inch thick, nor less 
than ten feet long, under penalty of forfeiture to the town 
whence shipped. R. S. c. 42, § 15. 

All shingles, packed for exportation beyond the state shall be 
sixteen inches long, free from shakes and worm holes, and at 
least three-eighths of an inch thick at the butt end when green, 
and if of pine, free from sap. They shall be four inches wide on 
an average, not less than three inches wide in any part, hold their 
width three-fourths of the way to the thin end, well shaved or 
sawed, and be denominated "number one" ; but shingles intended 
for sale within the state, if of inferior quality or of less dimen- 
sions, may be surveyed and classed accordingly, under the 
denominations of "number two," and "number three." R. S. c. 
42, § 16. 

All shingles shall be split or sawed crosswise the grain ; each 
bundle shall contain two hundred and fifty shingles, and if in 
square bundles, twenty-five courses, and be twenty-two inches 
and a half at the lay ; and when packed to be surveyed as "num- 
ber one," or for exportation, if in any bundle there are five 
shingles deficient in the proper dimensions, soundness or number 
to make two hundred and fifty merchantable shingles, or if any 
shingles are offered for sale, before they are surveyed and meas- 
ured by a sworn surveyor of some town in the county where they 



SURVEY OF WOOD, BARK, COAL, ETC. 765 

were made, and the quality branded on the hoop or band of the 
bundle, unless the parties otherwise agree, they are forfeited to 
the town where the offense is committed. R. S. c. 42, § 17. 

All clapboards, exposed for sale or packed for exportation, 
shall be made of good sound timber, free from shakes and worm 
holes, and if of pine, clear of sap ; and they shall be at least five- 
eighths of an inch thick on the back or thickest part, five inches 
wide, and four feet six inches long, and straight and well shaved 
or sawed. R. S. c. 42, § 18. 

Staves packed for sale or exportation shall be well and pro- 
portionably split, and of the following dimensions, viz. : 

White oak butt staves, at least five feet in length, five inches 
wide, and one inch and a quarter thick on the heart or thinnest 
edge, and every part thereof ; 

White oak pipe staves at least four feet and eight inches in 
length, four inches broad in the narrowest part, and not less than 
three-quarters of an inch thick on the heart or thinnest edge ; 

White or red oak hogshead staves, at least forty-two inches 
long, and not less than half an inch thick on the least or thinnest 
edge ; 

White or red oak barrel staves, for a market out of the United 
States, thirty-two inches long; if for use within the United 
States, thirty inches long; and in either case, half an inch thick 
on the heart or thinnest edge ; 

All white or red oak hogshead or barrel staves at least, one 
with another, four inches in breadth, and no one less than three 
inches in breadth in the narrowest part; those of the breadth 
last mentioned shall be clear of sap; and two staves shall be sold 
as one cast ; fifty casts, one hundred staves ; and ten hundred 
staves, one thousand. R. S. c. 42, § 19. 

All hogshead hoops, exposed for sale or packed for exporta- 
tion, shall be from ten to thirteen feet in length, and of oak, ash 
or walnut, and of good and sufficient substance, well shaved ; if 
of oak or ash, at least one inch broad, and, if of walnut, three- 
quarters of an inch at the smaller end; the different lengths 
shall be made up in bundles by themselves ; each bundle shall 
contain twenty-five hoops, four bundles shall make one hundred, 
and ten hundred hoops, one thousand ; and every bundle, packed 
for sale or exportation, found to be deficient in number or dimen- 
sions, is forfeited to the town where it is exhibited. R. S. c. 42, 
§20. 



766 SURVEY OF WOOD, BARK, COAL, ETC. 

No person shall deliver on sale, or ship or attempt to ship for 
exportation, any boards, plank, timber, joists, shingles, clapboards, 
staves, or hoops, before they have been surveyed, measured, 
viewed or culled, as the case may be, and branded by the proper 
officer, and a certificate thereof given by him specifying the num- 
ber, quality, and quantity thereof under a penalty of two dollars 
a thousand, by quantity or tale, as such article is usually sold, 
half to the town where the offense is committed, and half to the 
prosecutor ; and in addition thereto the master or owner of any 
vessel, exporting any of the articles aforesaid beyond the limits 
of the United States contrary to law, shall, for the first offense 
forfeit two. hundred dollars to the town whence said articles are 
exported ; and if after conviction he commits a second offense in 
the same vessel, he forfeits the same sum, and the vessel is also 
forfeited to the town. R. S. c. 42, § 21. 

In any action hereafter brought for the price of boards, plank, 
timber, joists, shingles, clapboards, staves or hoops, unless sold 
by the cargo, any failure to survey, measure, view or cull and 
brand the same and to give certificate thereof as required by sec- 
tion twenty-one of chapter forty-two of the revised statutes, shall 
not defeat recovery in such action, unless it appears that before 
delivery the purchaser requested such survey, measurement, view 
or culling, and branding and certificate. R. S. c. 42, § 22. 

The master or owner of any vessel, having any of the lumber 
or other articles mentioned in the preceding section on board, for 
exportation as aforesaid, shall, before the vessel is cleared at the 
custom-house, produce to the collector a certificate from the proper 
officer, that the same have been duly surveyed, measured, viewed, 
or culled, as the case may require ; and such master or owner 
shall likewise make oath before the collector, or a justice of the 
peace, whose certificate shall be returned to the collector, that 
the articles so shipped for exportation are the same articles thus 
surveyed, measured, viewed or culled, that he has no others on 
board of the like description, and that he will not take any 
others. R. S. c. 42, § 23. 

If any person, duly elected a surveyor, measurer, viewer, or 
culler of any of said articles under this chapter, neglects or 
refuses to take the oath of his office and to serve therein, he for- 
feits three dollars to the town, and another person shall be elected 
to his place, who shall take the oath and serve as aforesaid under 
the like penalty ; and the like proceedings shall be had, until 
the office is filled ; or if any such officer duly qualified unneces- 
sarily refuses or neglects to attend to the duties of his office 



SURVEY OF WOOD, BARK, COAL, ETC 767 

when requested, he forfeits three dollars ; and if he connives at 
or willingly allows any breach of the provisions hereof, or prac- 
tices any other fraud or deceit in his official duties, he forfeits 
thirty dollars to the use aforesaid. R. S. c. 42, § 24. 

All pecuniary penalties aforesaid may be recovered by action 
of debt, indictment or complaint, and all other forfeitures, by a 
libel filed by the treasurer or any inhabitant of the town inter- 
ested. R. S. c. 42, § 25. 

Surveyors of logs may inspect, survey and measure all mill 
logs floated or brought to market or offered for sale in their 
towns, and divide them into several classes, corresponding to the 
different quality of boards and other sawed lumber, which may 
be manufactured from them; and they shall give certificates 
under their hands of the quantity and quality thereof to the per- 
son, at whose request they are surveyed. R. S. c. 42, § 26. 

To surveyors of boards, plank, timber and joist, for viewing 
only, six cents a thousand feet; for measuring and marking the 
same, six cents more ; and in that proportion for any part of a 
thousand, to be paid by the buyer. R. S. c. 117, § 21. 

To surveyors of shingles and clapboards, for surveying and 
telling, six cents a thousand, to be paid by the buyer. lb. 

To viewers and cullers of staves and hoops, for barrel staves, 
twenty-five cents a thousand, and for hogshead and butt staves, 
thirty-three cents a thousand, whether refuse or merchantable ; 
the merchantable to be paid for by the buyer, the refuse by the 
seller; and the culler of hoops shall be allowed forty cents a 
thousand. lb. 

To surveyors of mill logs at the rate of four cents a thousand 
feet board measure for viewing and inspecting, and two cents a 
thousand, in addition, for measuring and marking the quantity 
and quality of the logs, and making out and delivering certifi- 
cates of the same, to be paid by the buyer. lb. 

Measurers of firewood and bark shall receive such fees for 
their services as the municipal officers of the town appoint, to be 
paid by the driver, and repaid by the buyer when brought by 
land, and by the wharfinger when brought by water. lb. 



768 STANDARD WEIGHTS AND MEASURES. 



CHAPTER CVIL 



STANDARD WEIGHTS AND MEASURES. 

The standard of weights and measures furnished by the United 
States and adopted by this state continues the standard of weights 
and measures for the state ; and the state sealer of weights and 
measures shall cause all such weights and measures of a smaller 
denomination than those furnished by the United States, as are 
necessary to make a complete set, to be compared and regulated 
by the standards aforesaid ; and keep, at the expense of the state, 
a suitable standard balance for gold, and for avoirdupois weights, 
to be kept with the weights and measures at the state house, and 
used only for regulating other weights and measures. R. S. c. 
44, § 1. 

Until otherwise provided, the treasurer of state, shall, at the 
state's expense, in the manner provided in the preceding section, 
procure and preserve as public standards, to be used only as 
such, the following measures, beams and weights, to wit: one 
bushel, one-half bushel, one peck, one-half peck, one ale quart, 
one wine gallon, one wine half gallon, one wine quart, one wine 
pint, one wine half pint, and one wine gill ; said measures shall 
be made of copper or pewter, conformable in contents to said 
standard measures ; and the diameter of the bushel shall not be 
less than eighteen inches and a half, containing thirty-two Win- 
chester quarts; of the half bushel, not less than thirteen inches 
and three-quarters, containing sixteen Winchester quarts ; of the 
peck, not less than ten inches and three quarters, containing eight 
Winchester quarts; and of the half peck, not less than nine 
inches, containing four Winchester quarts; the admeasurement 
to be made in each instance in the inside ; also one ell, and one 
yard ; one set of brass weights, to four pounds, computed at six- 
teen ounces to the pound, with fit scales and steel beam ; also a 
good beam and scales, and a nest of troy weights, from one hun- 
dred and twenty-eight ounces, down to the least denomination, 
with the weight of each weight, and the length of each measure, 
marked or stamped thereon, and sealed with a seal, to be pro- 



STANDARD WEIGHTS AND MEASURES. 769 

cured and kept by said treasurer; also one fifty-six pound weight, 
one twenty-eight pound weight, one fourteen pound weight, and 
one seven pound weight, of iron. R. S. c. 44, § 2. 

The treasurer of each county, at the expense thereof, shall 
have one complete set of beams, and of brass, copper, pewter and 
iron weights, and of the measures before mentioned, except the 
bushel measure, proved and sealed by the state standards, and 
conformable thereto in breadth and contents ; and preserve them 
for the use of such county only as standards ; and once in every 
ten years, from July .one, eighteen hundred and thirty-nine, he 
shall have them compared, proved and sealed by the state stand- 
ards; for each neglect of said duty, he forfeits two hundred dol- 
lars to the state, to be recovered in an action of debt. R. S. c. 
44, § 3. 

The treasurers of towns, at the expense thereof, shall con- 
stantly keep a town seal, and, as town standards, a complete set 
of beams, weights, and copper and pewter measures, conformable 
to the state standards, except that the bushel measure, and the 
half bushel, peck and half peck measures may be of wood instead 
of copper or pewter, but of the same dimensions, and except also 
a nest of troy weights other than those from the lowest denom- 
ination to eight ounces ; they shall cause all beams, weights and 
measures, belonging to their towns, to be proved and sealed by 
the state or county standards once in ten years, from July one, 
eighteen hundred and forty ; and for every neglect of said duty 
they forfeit one hundred dollars, half to the town, and half to 
the prosecutor. R. S. c. 44, § 4. 

The municipal officers of each town shall annually appoint a 
sealer of weights and measures therein, removable at pleasure, 
and may fill vacancies ; for each month's neglect of this duty, 
they severally forfeit ten dollars, to be appropriated as in the 
preceding section. Any city may purchase and keep for use 
scales for weighing hay and other articles, appoint weighers, and 
fix their fees, to be paid by the purchaser. R. S. c. 44, § 5 ; 
68 Me. 470. 

The municipal officers of cities and towns may appoint a dep- 
uty sealer of weights and measures, to hold office during their 
pleasure, and fix his compensation. Such deputy shall act under 
the direction of the sealer of weights and measures in the munic- 
ipality, and shall have the same authority as the sealer in the 
performance of his duties. P. L. 1909 c. 158. 

49 



770 STANDARD WEIGHTS AND MEASURES. 

Whoever, so appointed and notified thereof, refuses for seven 
days to accept the office and be sworn, forfeits five dollars, half 
to the town, and half to the prosecutor; when sworn, he shall 
receive the standards and seal from the treasurer, giving a receipt 
therefor, describing them and their condition, and therein engag- 
ing to re-deliver them at the expiration of his office in like good 
order; and he shall be accountable for their due preservation 
while in his possession. R. S. c. 44, § 6 ; 68 Me. 470. 

The sealers of weights and measures in the several cities and 
towns shall annually give public notice by advertisement, or by 
posting in one or more public places in their respective cities and 
towns notices to all inhabitants or persons having usual places of 
business therein and who use weights, measures or balances for 
the purpose of selling any goods, wares, merchandise or other 
commodities or for public weighing to bring in their weights, 
measures and balances to be adjusted and sealed. Such sealers 
shall attend in one or more convenient places and shall adjust, 
seal and record all weights, measures and balances so brought in. 
R. S. c. 44, § 7. 

After giving said notice the said sealers shall go to the houses, 
stores and shops of persons who neglect to comply therewith, 
and having entered the same with the assent of the occupants 
thereof, shall adjust and seal their weights, measures and bal- 
ances. R. S. c. 44, § 8. 

Said sealers shall go once a year and oftener if necessary, to 
every hay and coal scale, to every platform balance within their 
respective cities and towns that cannot be easily or conveniently 
removed, and shall test the accuracy of and adjust and seal the 
same. R. S. c. 44, § 9. 

All persons using any scales, weights or measures for the pur- 
pose of buying or selling any commodity, may, when they desire 
it, have the same tested and sealed by the sealers of weights and 
measures at the office of any of said sealers. R. S. c. 44, § 10. 

In case a sealer of weights and measures cannot seal any 
weights, measures and balances in the manner before provided, 
he may mark them with a stencil, or by other suitable means so 
as to show that they have been inspected ; but he shall in no 
case seal or mark as correct any weights, measures or balances 
which do not conform to the standards. If such weights, meas- 
ures or balances can be readily adjusted by such means as he has 
at hand, he may adjust and seal them; but if they cannot be 
readily adjusted, he shall affix to such weights, measures or bal- 



STANDARD WEIGHTS AND MEASURES. 771 

ances a notice, forbidding their use until he is satisfied that they 
have been so adjusted as to conform to the standards ; and who- 
ever removes said notice without consent of the officer affixing 
the same, shall for each offense forfeit a sum not exceeding fifty 
dollars, one-half to the use of the city or town and one-half to 
the use of the complainant. R. S. c. 44, § 11. 

A sealer when visiting the place of business of any person for 
the purpose of testing any weights, measures or balances, may 
use for that purpose such weights, measures or balances as he 
can conveniently carry with him, and each city and town shall 
furnish its sealer with one or more duplicate sets of weights, 
measures and balances, which shall at all times be kept to con- 
form to the standards furnished by the state, and all weights, 
measures and balances so sealed shall be deemed to be legally 
sealed the same as if tested and sealed with the standard weights, 
measures and balances. R. S. c. 44, § 12. 

A sealer of weights and measures may seize without a warrant 
such weights, measures or balances as may be necessary to be 
used as evidence in cases of violation of the law relating to the 
sealing of weights and measures, such weights, measures or bal- 
ances to be returned to the owners, or forfeited as the court may 
direct. R. S. c. 44, § 13. 

When a complaint is made to a sealer of weights and measures 
by any person that he has reasonable cause to believe or when 
such sealer himself has reasonable cause to believe that a weight, 
measure or balance used in the sale of any commodity within his 
city or town is incorrect, the said sealer shall go to the place 
where such weight, measure or balance is and shall test the same, 
and mark it according to the result of the test applied thereto ; 
and if the same is incorrect and cannot be adjusted, the said 
sealer shall attach a notice thereto, certifying that fact, and for- 
bidding the use thereof until it has been made to conform to the 
authorized standard. Any person using a weight, measure or 
balance after a sealer has demanded permission to test the same, 
and has been refused such permission shall be liable to a penalty 
of not less than ten, nor more than one hundred dollars. R. S. 
c. 44, § 14. 

All weights, measures and balances that cannot be made to 
conform to the standard shall be stamped "condemned" or "CD" 
by the sealer, and no person shall thereafter use the same under 
the penalties provided in the case of the use of false weights and 
measures. R. S. c. 44, § 15. 



772 STANDARD WEIGHTS AND MEASURES. 

Before any weights, measures, scales, steelyards, beams or bal- 
ances are offered for sale or used, they shall be sealed by a pub- 
lic sealer of weights and measures. R. S. c. 44, § 16. 

All measures, by which fruit and other things, usually sold by 
heaped measure, are sold, shall be conformable in capacity and 
breadth, to the public standard. Such articles as are sold or 
exchanged in any market or town in the state by gross or avoir- 
dupois weight, shall be sold or exchanged as follows : twenty- 
five avoirdupois pounds constitute one quarter ; four quarters, 
one hundred ; and twenty hundreds, one ton ; and all other 
articles, usually sold by tale, shall be sold by decimal hundred. 
R. S. c. 44, § 17. 

Whoever knowingly uses a false weight, measure, scale, bal- 
ance or beam*, or after a weight, measure, scale, balance or beam 
has been adjusted and sealed, alters it so that it does not conform 
to the public standard and fraudulently makes use of it, shall for- 
feit for each offense fifty dollars, one -half to the use of the city 
or town and one-half to the use of the complainant ; and every 
sealer who has reasonable cause to believe that a weight, meas- 
ure, scale, balance or beam has been altered since it was last 
adjusted and sealed shall enter the premises in which it is kept 
or used and shall examine the same. R. S. c. 44, § 18. 

Whoever sells by any other weights, measures, scales, beams 
or balances than those which have been sealed as before provided, 
shall forfeit a sum not exceeding twenty dollars for each offense, 
and when by the custom of trade such weights, measures, scales, 
beams or balances are provided by the buyer, he shall, if he pur- 
chases by any other, be subject to a like penalty to be recovered 
by an action of tort to the use of the complainant. R. S. c. 44, 
§19. 

The city council of a city may by ordinance, and a town may 
by by-law, provide that the sealer of weights and measures for 
their city or town shall be paid by a salary, and that he shall 
account for and pay into the treasury of the city or town the fees 
received by him by virtue of his office ; and where such salary is 
paid no fees shall be charged for services rendered under section 
seven. R. S. c. 44, § 20. 

The county commissioners, at the expense of their several 
counties, shall erect and forever maintain therein, at such place 
or places remote from electrical disturbances as the public con- 
venience requires, a true meridian line to be perpetuated by 
stone pillars with brass or copper points firmly fixed on the tops 



STANDARD WEIGHTS AND MEASURES. 773 

thereof, indicating the true range of such meridian ; and shall 
protect the same and provide a book of records to be kept by the 
clerk of courts, or by a person appointed by them nearer to such 
structure, and accessible to all persons wishing to refer thereto. 
R. S. c. 44, § 21. 

Such structures shall be under the care and custody of such 
clerks ; and any surveyor residing in said county or engaged in 
surveying therein, shall have free access thereto for the purpose 
of testing the variation of the magnetic needle. R. S. c. 44, § 22. 

When such meridian lines have been established and completed 
every land surveyor shall, at least annually, before making any 
survey, test and verify his compass, or other instrument using 
the magnetic needle, by the meridian line so established in the 
county where his surveys are to be made, and shall enter the 
declination of such needle from the true meridian in the book 
mentioned in section twenty-one, together with the style and 
make of such instrument and its number, if any, and the date 
and hour of observation, and subscribe his name thereto for 
future reference ; and shall insert corresponding entries as to 
date and declination, in his field notebooks, which field note- 
books shall also show dates at which his surveys are made. Neg- 
lect or refusal to comply with this section shall render such sur- 
veyor liable to a penalty of twenty-five dollars for each neglect, 
to be recovered on complaint in the county where any survey is 
made, half to the complainant and half to the county. The pro- 
visions of this section shall not apply to such surveys as are 
made by angles from some fixed, permanent line, or by a solar 
instrument and independent of the magnetic needle. R. S. c. 
44, § 23. 

The county commissioners at the expense of the several coun- 
ties shall also erect and forever maintain therein, at such place 
or places as the public convenience may require, a standard of 
length of not less than one hundred feet, with suitable subdi- 
visions marked thereon. Such standard may consist of stone 
monuments permanently fixed with metal plates on the tops 
thereof, properly marked and protected ; or of a steel bar of the 
necessary length properly marked and suitably placed and pro- 
tected. All such standards shall be made to correspond with the 
standard of the United States Bureau of Weights and Measures, 
and shall be provided with proper means for determining the 
tension of tapes or chains during comparison. They shall be 
under the care and custody of the clerk of courts, who shall keep 
a suitable book for the record of comparisons, and they shall be 



774 STANDARD WEIGHTS AND MEASURES. 

accessible to any person for comparing any tape, chain, or other 
linear measure. Every surveyor shall before making surveys in 
this state, and at least annually, compare his tape or chain used 
in such surveys with the standard in the county in which he 
resides or in which surveys are to be made ; and shall record the 
result in the book provided for that purpose, giving description 
of such tape or chain, with the difference, if any, between the 
same and such standard, together with the date and temperature 
and the tension on such tape or chain at the time of comparison. 
When such standard shall have been completed in any county, 
any surveyor residing or making surveys in such county who 
shall neglect or refuse to comply with the terms of this section, 
shall be liable to the penalties and disability set forth in section 
twenty-three. R. S. c. 44, § 24. 

Whoever willfully displaces, alters, defaces, breaks or other- 
wise injures any of the pillars or points, plates, enclosures, bars, 
locks, bolts, or any part of the structure of any meridian line or 
standard of length shall forfeit not exceeding one hundred dol- 
lars, to be recovered by indictment, half to the prosecutor and 
half to the county, and shall also be liable in an action of debt 
for the amount necessarily expended in repairing damages caused 
by his act. R. S. c. 44, § 25. 

When such meridian line or standard of length is established, 
repaired or rebuilt in any county, the governor with the advice 
and consent of the council shall appoint a competent commis- 
sioner, not necessarily a resident of this state, to inspect and 
verify the same. Such commissioner shall in case of a meridian 
line verify the same by astronomical observation, and in his 
report shall give an accurate description of such structures, its 
latitude and longitude, and the declination of the needle at the 
time ; and in case of a standard of length shall give a description 
of the structure, its location and exact length as determined by 
comparison with some authentic standard from the United States 
Bureau of Weights and Measures. All such reports shall be full 
and accurate and be deposited in the office of the secretary of 
state, and a certified copy shall be filed and recorded in the office 
of the clerk of courts in the county where such structure is 
situated. Such commissioner shall receive from the state such 
just compensation as the governor and council shall allow. 
R. S. c. 44, § 26. 

(Note: Sealers of weights and measures shall annually seal 
all measures used for sale of milk, R. S. c. 39, § 11 ; duties of, as 
to charcoal baskets, R. S. c. 42, § 7; fees of, R. S. c. 117, § 21.) 



INSPECTION OF FLOUR, NAILS, PAPER, ETC. 775 



CHAPTER CVI1I. 



INSPECTION OF FLOUR, NAILS, PAPER, OILS, PETRO- 
LEUM, COAL OIL, FOOD. 

The municipal officers of towns may appoint annually in their 
towns, one or more suitable persons not interested in the manu- 
facture and sale of flour to be inspectors thereof for one year 
from the date of appointment. R. S. c. 39, § 1. 

Such inspector, before entering upon his duties, shall be sworn 
to the faithful and impartial discharge thereof before the town 
clerk, who, upon payment of fifty cents, shall give him a certifi- 
cate of his appointment and qualification, to be exhibited on the 
demand of any person interested in any inspection made by him. 
R. S. c. 39, § 2. 

Inspection of flour shall be for the purpose of ascertaining its 
soundness; every package inspected shall be opened sufficiently 
to allow a trier to be passed through it, and a sample of the 
whole length of the passage shall be taken out and examined by 
the inspector, who shall mark upon each package with a brand 
or stencil, the words, "sound" or "unsound," as the quality of 
the flour contained in each is found, and his name, residence, 
office and the year of inspection. He shall keep a record of all 
flour inspected by him, in a suitable book which he shall exhibit 
to any person requiring it. R. S. c. 39, § 3. 

If an inspector falsely and fraudulently marks any package of 
flour, he shall be fined five dollars for every such package, and 
forfeits to any person injured thereby three times the amount of 
damage, in an action of debt. R. S. c. 39, § 4. 

Whoever, with intent to defraud, alters, obliterates or counter- 
feits the marks of an inspector, and whoever, with such intent, 
places upon any package of flour, marks falsely purporting to be 
inspection marks, shall be fined not exceeding fifty dollars for 
each offense and on conviction of placing such false marks on as 
many as ten packages at one time, shall also be imprisoned not 
exceeding ten months. R. S. c. 39, § 5. 



776 INSPECTION OF FLOUR, NAILS, PAPER, ETC. 

The purchaser may require flour to be inspected before deliv- 
ery. The inspector's fees shall be five cents a package for lots 
of less than ten ; for lots of more than ten and not exceeding- 
twenty, two cents a package ; and for every package exceeding 
twenty, one cent ; to be paid by the person demanding inspec- 
tion. R. S. c. 39, § 6. 

Inspectors shall, when required, determine whether the flour 
conforms to and equals the sample furnished, and shall mark, 
with some distinct and intelligible mark, the packages that are 
found like the sample, and for this service they may charge an 
additional compensation of one-half cent a package. R. S. c. 39, 

Nothing herein contained prohibits any contract for the manu- 
facture or sale of uninspected flour, when inspection is not 
required by the buyer or the seller. R. S. c. 39, § 8. 

All oils sold under the names of sperm, summer, fall and win- 
ter oils, are deemed to be sold for pure sperm oil, the test of 
which is Southworth's oleometer. Whoever sells under said 
names, any oils which are adulterated by the mixture of an 
inferior article, without disclosing the full extent of adulteration 
to the puchaser, forfeits to the prosecutor, fifteen dollars for each 
offense ; and the oil so sold shall be deemed whale oil, and the 
seller is liable to the purchaser for the difference between pure 
sperm and whale oil, to be recovered in an action on the case. 
R. S. c. 40, § 8. 

In towns containing two thousand inhabitants or more, the 
municipal officers, on or before the first day of May annually, 
shall appoint one or more persons, and fix their compensation, to 
be inspectors of petroleum, coal oil, and burning fluid, who, when 
requested, shall inspect such oils and burning fluids by applying 
the fire test with G. Tagliabue's pvrometer or some other accu- 
rate instrument, to ascertain the igniting or explosive point 
thereof in degrees of Fahrenheit's thermometer, and they shall 
cause every vessel or cask thereof, by them so inspected, to be 
plainly marked by the name of such inspector, the date of inspec- 
tion, and the igniting or explosive point of the contents thereof. 
R. S. c. 40, § 9. 

When a cask or vessel of such oil or fluid will not bear the fire 
test of at least one hundred and twenty degrees Fahrenheit with- 
out ignition or explosion, the same shall be marked as aforesaid, 
and also "unsafe for illuminating purposes." If an inspector 
knowingly puts false marks upon such casks or vessels inspected 



INSPECTION OF FLOUE, NAILS, PAPER, ETC. 777 

by him, he shall be fined not exceeding five hundred dollars, or 
be imprisoned six months. R. S. c. 40, § 10. 

Every person and corporation engaged in manufacturing petro- 
leum, coal oil or burning fluid, shall cause every cask or other ves- 
sel thereof to be so inspected and marked, by a sworn inspector. 
Whoever manufactures or sells such oil or burning fluid not so 
inspected and marked in this state, or that has been so inspected 
and marked as unsafe for illuminating purposes, shall pay a fine 
not exceeding five hundred dollars, or be imprisoned six months. 
R. S. c. 40, § 11. 

The municipal officers of towns, and the police of cities, may 
at all times examine all such oils and fluids kept in their towns 
for sale, and cause them to be inspected and tested ; and they 
shall do so in all cases where they are informed or believe that 
the same are kept for sale in violation of the law; and cause the 
keeper and seller to be prosecuted therefor. R. S. c. 40, § 12. 

All persons or corporations engaged in the sale of kerosene, 
refined petroleum, gasoline or other burning or illuminating oils 
or fluids, in cans of a capacity of not less than five gallons, with 
their names, or other marks or devices branded, stamped, engraved, 
etched, impressed or otherwise produced upon such cans or any- 
thing connected therewith or appertaining thereto, may file in the 
office of the town or city clerk in which their principal place of 
business is situated, a description of the names and marks afore- 
said, used by them, and cause the same to be published once a 
week for three successive weeks, in any weekly paper published 
in the county in which said notice may have been filed as afore- 
said. R. S. c. 40, § 13. 

Whoever knowingly and willfully, without the written consent 
of the owner who has complied with the provisions of the pre- 
ceding section uses, buys, sells, fills or traffics in any such can so 
marked as aforesaid, or defaces, covers up or obliterates the 
names, marks or devices thereon, with intent to use, fill, sell, 
buy, dispose of or traffic therein, or to convert the same to his 
own use, shall, on complaint, be punished by a fine of not more 
than twenty dollars. R. S. c. 40, § 14. 

On and after July first, in the year nineteen hundred and five, 
all milk or cream purchases by any person, firm or corporation, 
for use in or to be resold by any creamery in this state, shall be 
weighed and shall be tested by the Babcock test to ascertain the 
amount of butter fat per pound therein contained ; and the value 
of the cream or milk thus purchased shall be determined by the 



7 t 8 INSPECTION OF FLO UP, NAILS, PAPER, ETC. 

amount of butter fat per pound as thus ascertained. The test 
herein provided shall be made by the owners or operators of the 
creamery purchasing as aforesaid, but upon petition in writing, 
signed by twenty-five per cent or more of the patrons of any 
creamery and addressed to the commissioner of agriculture, or 
upon petition in writing signed by the owner or operator of any 
creamery and addressed to said commissioner, one or more tests 
shall be made by, or under the direction of said commissioner, 
and the finding of said commissioner shall be conclusive upon all 
parties therein concerned. Provided, however, that when the total 
number of patrons of any one creamery exceeds one hundred 
then the number of petitioners herein required by patrons need 
not exceed thirty. All samples of cream treated by said test shall 
be weighed and the standard unit for testing shall be eighteen 
grams. P. L. 1905 c. 76, § 1. 

Any person, firm or corporation, or the servant or agent of any 
person, firm or corporation, who shall violate the provisions of 
the preceding section shall be deemed guilty of a misdemeanor 
and upon conviction thereof shall be punished by fine not exceed- 
ing fifty dollars or by imprisonment not exceeding thirty days 
for every such violation. P. L. 1905 c. 76, § 2. 

The director of the Maine agricultural experiment station 
shall analyze, or cause to be analyzed, samples of agricultural 
seeds sold or offered for sale under the provisions of chapter 
thirty-nine of the revised statutes. He shall take in person or 
by deputy, a sample, not exceeding four ounces in weight, for 
said analysis, from any lot or package of agricultural seeds which 
may be in the possession of any grower, importer, agent or dealer 
in the state. P. L. 1905 c. 66, § 1. 

There shall be appropriated annually from the state treasury 
the sum of one thousand dollars in favor of the Maine agricul- 
tural experiment station, and the same may be expended in the 
analysis of food and agricultural seeds. So much of said appro- 
priation shall be paid by the treasurer of state to the treasurer of 
said experiment station as the director of said station may show 
by his bills has been expended in performing the duties required 
by the acts regulating the sale and analysis of food and the sale 
of agricultural seeds. Such payment shall be made quarterly 
upon the order of the governor and council, who shall draw a 
warrant for that purpose. P. L. 1905 c. 66, § 2. 

It shall be unlawful for any person, persons or corporation 
within this state to manufacture for sale, to sell, or to offer or 



INSPECTION OF FLOUR, NAILS, PAPER, ETC. 779 

expose for sale any article of food which is adulterated or mis- 
branded within the meaning of this act. P. L. 1905 c. 68, § 1. 

The term food, as used in this act, shall include every article 
used for food or drink by man, horses or cattle. P. L. 1905 c* 
68, § 2. 

For the purpose of this act an article of food shall be consid- 
ered as adulterated or misbranded : 

First. If any substance or substances be mixed or packed 
with it so as to reduce or lower or injuriously affect its quality 
or strength. 

Second. If any inferior substance or substances be substituted 
wholly or in part for this article. 

Third. If any necessary or valuable constituent of the article 
be wholly or in part abstracted. 

Fourth. If it be in imitation of, or sold under the name of 
another article. 

Fifth. If it be colored, coated, polished or powdered whereby 
damage is concealed, or if it be made to appear better or of 
greater value than it is. 

Sixth. If it contains poisonous ingredients, or if it contains 
any antiseptic or preservative not evident or not known to the 
purchaser. 

Seventh. If it consists wholly or in part of a diseased, filthy, 
decomposed or putrid animal or vegetable substance. 

Eighth. If the package or label shall have any statement pur- 
porting to name any ingredient or substance as not being con- 
tained in the article, which statement shall be untrue in any 
particular. 

Ninth, If the package or label shall bear any statement pur- 
porting to name the substance or substances of which the article 
is made, which statement shall not fully give the names of all 
substances contained therein. 

Tenth. If it be labeled or branded so as to deceive or mislead 
the purchaser in any particular. 

Provided, that any article of food which is adulterated within 
the meaning of this act, but which does not contain any poison- 
ous or deleterious ingredient, may be manufactured or sold if the 
same shall be plainly labeled, branded or tagged so as to show 
the exact character thereof. Provided further, that nothing in 
this act shall be construed as requiring proprietors, manufac- 



780 INSPECTION OF FLOTJK, NAILS, PAPER, ETC. 

turers or sellers of proprietary foods which contain no unwhole- 
some substances to disclose their trade formulas, except that in 
the case of baking powders each can or package shall be plainly 
labeled so as to show the acid salt or salts contained therein. 
P. L. 1905 c. 68, § 3. 

The director of the Maine agricultural experiment station shall 
analyze, or cause to be analyzed, samples of articles of food on 
sale in Maine, suspected of being adulterated, and at such times 
and to such extent as said director may determine. And said 
director, in person or by deputy, shall have free access at all 
reasonable hours to any place wherein articles of food are offered 
for sale, and upon tendering the market price of any such article 
may take from any person, persons or corporations samples for 
analysis. P. L. 1905 c. 68, § 4. 

The results of all analyses of articles of food made by said 
director shall be published by him in the bulletins or reports of 
the experiment station, together with the names of the persons 
from whom the samples were obtained, and the names of the 
manufacturers thereof. The said director may also adopt or fix 
standards of purity, quality or strength when such standards are 
not specified or fixed by law and shall publish them, together 
with such other information concerning articles of food as may be 
of public benefit. P. L. 1905 c. 68, § 5. 

Whoever adulterates or misbrands any article of food as 
defined in this act, or whoever sells, offers or exposes for sale 
any adulterated or misbranded article of food, shall be punished 
by a fine not exceeding one hundred dollars for the first offense 
and not exceeding two hundred dollars for each subsequent 
offense. P. L. 1905 c. 68, § 6. 

Whenever said director becomes cognizant of the violation of 
any of the provisions of this act, he shall report such violation 
to the commissioner of agriculture, and said commissioner shall 
prosecute the party or parties thus reported. P. L. 1905 c. 68, 

§7. 

No action shall be maintained in any court in this state on 
account of any sale or other contract made in violation of this 
act. P. L. 1905 c. 68, § 8. 

Sections ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen 
and seventeen of chapter one hundred and twenty-nine of the 
revised statutes and all acts or parts of acts inconsistent here- 
with, are hereby repealed. P. L. 1905 c. 68, § 9. 



PILOTS. 781 



CHAPTER CIX. 



PILOTS. 

The governor, with the advice and consent of the council, may 
appoint pilots for any port, in which a majority of the ship 
owners and masters apply in writing therefor and recommend 
suitable persons ; and shall give to each of them branches or 
warrants for the execution of the duties of his office ; and such 
pilots shall, before entering upon said duties, give bond to the 
treasurer of state in the sum of five thousand dollars for the 
faithful performance thereof. R. S. c. 38, § 1. 

Such pilots shall take charge of all vessels, drawing nine feet 
of water and upwards, bound into, and of all such vessels, except 
coasting and fishing vessels, bound to sea out of any of said 
ports, and shall pilot them into or out of the port assigned them, 
first showing to the master thereof their branch and informing 
him of their fees; but any master may pilot his own vessel with- 
out being subject to pay therefor. R. S. c. 38, § 2. 

The governor and council may fix the fees of pilotage ; specify 
the same in the branch of each pilot : transmit to each collector 
of customs in said ports a schedule thereof, to be hung up by 
him for public inspection ; hear and determine all complaints 
against such pilots for misconduct, and suspend or remove them 
and appoint others in their places. R. S. c. 38, § 3. 

If any vessel, while under the charge of such pilot, is lost, run 
aground, or cast away, through his fault, he is liable to pay the 
owner or insurer a just compensation for any damage thereby 
sustained. R. S. c. 38, § 4. 



782 SHIP OWNERS, WRECKS, ETC. 



CHAPTER CX, 



SHIP OWNERS, WRECKS AND SHIPWRECKED GOODS. 

No ship owner is answerable beyond the amount of his inter- 
est in the vessel and freight, for the embezzlement, loss or 
destruction, by the master and mariners, of any property put on 
board of such vessel ; nor for any act of theirs without his privity 
or knowledge ; but if several owners of property on the same 
voyage suffer damage as aforesaid, and the whole vessel and her 
freight for the voyage are not sufficient to compensate each of 
them, they shall be compensated by the owner of the vessel in 
proportion to their respective losses, and for that purpose, they 
or the owner of the vessel, or any of them, may prosecute a bill 
in equity for discovery and payment of the sum, for which said 
owner is liable to the parties entitled thereto. R. S. c. 38, § 5 ; 
65 Me. 545. 

For the purposes of the preceding section the charterer of any 
vessel, navigating the same at his own expense, shall be deemed 
the owner ; and if loss happens to any person, from the causes 
therein mentioned, and it is compensated from the freight or 
vessel, the owner thereof may recover the amount from the 
charterer. R. S. c. 38, § 6. 

The governor, with the advice and consent of the council, may 
appoint in counties where needed, commissioners of wrecks and 
shipwrecked goods, removable at pleasure ; each shall give bond 
to the judge of probate for his county for the faithful discharge 
of his duties ; and any person interested may have the same 
remedy for the breach of such bond, as on administrators' bonds. 
R. S. c. 38, § 7. 

Every such commissioner, immediately on receiving informa- 
tion of any shipwreck, or of the finding of any shipwrecked 
property of any kind, to the amount of one hundred dollars on 
any of the shores or waters within his county, shall immediately 
repair to the place where the property is, and if the same is not 
in the custody of any owner or agent, he shall take charge of it, 
and secure and preserve the same for the owner. R. S. c. 38, § 8. 



SHIP OWNERS, WRECKS, ETC. 783 

The commissioner, in such case, may employ as many persons 
as he thinks necessary, to assist in preserving the propert} r ; 
appoint guards to receive it ; suppress all tumults and disorders ; 
and any person who disobeys any of his lawful orders, forfeits 
for each offense not exceeding ten dollars, to be recovered for 
the town in an action on the case in the name of the commis- 
sioner. R. S. c. 38, § 9. 

The commissioner shall on every such occasion, take an inven- 
tory of all the property coming into his possession ; and when 
required by any person interested, make oath thereto ; and shall 
deliver a copy thereof, if required, together with all such prop- 
erty, to the person lawfully authorized to receive it ; provided, 
that there is first paid or secured to him a reasonable compensa- 
tion for his services, and such custom-house duties and other 
charges, if any, as he has paid, or become liable to pay, on 
account of the property in question. R. S. c. 38, § 10. 

No person interested in any such property shall be held to 
pay to any person, other than a commissioner, any compensation 
for services or expenses in taking or securing any property, 
except property taken or secured before the arrival of the com- 
missioner; in which case the commissioner shall, upon due 
hearing of all parties interested, determine the amount of com- 
pensation by his award in writing ; which shall be final, unless 
the sum awarded to any party exceeds fifty dollars. R. S. c. 
38, § 11. 

If the commissioner and the party interested disagree respect- 
ing the commissioner's charges, or if the award aforesaid exceeds 
fifty dollars, any party aggrieved may appeal to the judge of 
probate for the county where the property is situated ; who shall, 
either in vacation or term time, on due notice, decide the case in 
a summary manner, and issue, under the seal of the court, any 
process necessary to carry his decision into effect. R. S. c. 38, 
§ 12. 

Whoever after the arrival of the commissioner and without 
his direction or that of some person interested, takes, detains or 
intermeddles with any such property, forfeits not exceeding one 
thousand dollars for each offense, to be recovered in an action of 
debt by the commissioner or any person interested, to his own 
use. R. S. c. 38, § 13. 

The commissioner shall, as soon as practicable, publish all the 
facts and particulars of the shipwreck and of the property found, 
in such manner as shall be best for the information of all parties ; 



784 SHIP OWNERS, WRECKS, ETC. 

and in case of neglect, he forfeits fifty dollars to the interested 
party first suing therefor in an action of debt. R. S. c. 38, § 14- 

He may dispose of so much of the property by public auction 
within thirty days after taking it, as is necessary to pay the duties 
thereon at the custom-house ; and whenever necessity requires it* 
may, in the same way sell such as is perishable, giving reasonable 
public notice, and if practicable, in a public newspaper. R. S. 
c. 38, § 15. 

If no person interested appears within one year after such 
property is taken into custody, and establishes his claim thereto, 
the commissioner shall present, under oath, to the treasurer of 
state, an inventory of the property ; and if sold, an account of 
the sales, with an account of all moneys paid by him as duties 
and expenses thereon ; and pay and deliver to the treasurer the 
balance of such accounts, with all the property remaining in his 
hands for the use of the state ; and if he neglects to do so for 
sixty days after the expiration of such year, the treasurer shall 
cause a suit therefor to be commenced in behalf of the state. 
R. S. c. 38, § 16. 

The treasurer may make to the commissioner on the settlement 
of his account as aforesaid, a just compensation for his services 
and expenses, to be ascertained in case of disagreement between 
them, as provided in section twelve. R. S. c. 38, § 17. 



CHAPTER CXI. 



LIGHTERS AND HAEBORS. 

Every boat or lighter employed in carrying stones, sand or 
gravel, shall be marked at light water mark, and at least at five 
other places, with the figures four, twelve, sixteen, twenty-four 
and thirty, legibly made on the stem and stern post thereof ; 
expressing the weight which such boat or lighter is capable of 
carrying, when the lower part of the respective numbers touches 
the water in which it floats ; and such marks shall be inspected 
yearly, and when found illegible in whole or in part, they shall 
be renewed. R. S. c. 38, § 18. 



LIGHTERS AND HARBORS. 785 

The master or owner, who uses his craft without such marks, 
and any person, who falsely marks any such boat or lighter, for- 
feits fifty dollars to be recovered by any prosecutor in an action 
of debt. R. S. c. 38, § 19. 

The municipal officers of every town where boats and lighters 
are employed for the purposes aforesaid, shall annually, in April 
or May, appoint some suitable person who shall be sworn, to 
examine and ascertain the capacities of all such boats and lighters, 
and mark them as above prescribed ; and said officers shall estab- 
lish and regulate the fees therefor. R. S. c. 38, § 20. 

When such inspector thinks that the burden or capacity of 
any such boat or lighter is altered by repairs or otherwise, he 
shall forthwith ascertain the same anew, and mark it accordingly. 
R. S. c. 38, § 21. 

No master of any vessel shall throw overboard ballast in any 
road, port or harbor, under penalty of sixty dollars ; and no per- 
son shall take any stone or other ballast from any island, beach 
or other land, without consent of the owner, under a penalty not 
exceeding seven dollars for each offense, to be recovered in an 
action of debt by any prosecutor, half for himself and half for 
the town where the offense is committed. R. S. c. 38, § 22. 



CHAPTER CXIL 



PORT WARDENS. 

Port wardens shall be elected in any city or town situated on 
navigable waters, upon the petition of ten or more citizens 
engaged in commercial pursuits therein. R. S. c. 38, § 23. 

If in such city or town, there is a board of trade duly incor- 
porated, said board shall annually elect the port wardens ; other- 
wise the municipal officers thereof shall annually elect them. 
R. S. c. 38, § 24. 

Said boards of trade, by their managers, or said municipal offi- 
cers, shall forthwith, on complaint of any person aggrieved, after 
hearing, remove for cause, any port warden by them elected, and 
all vacancies shall be filled by said authorities. R. S. c. 38, § "25. 

50 



786 POET WARDENS. 

Port wardens shall be men of commercial or nautical experi- 
ence, and shall hold office one year from each election and until 
others are qualified in their stead, except when removed for 
cause, or when elected to serve out an unexpired term ; and they 
shall be sworn faithfullv to perform their duties. R. S. c. 38, 
§26. 

They shall make a record of their doings and keep the same 
in their office for inspection at any time, free of charge, by any 
person interested therein. R. S. c. 38, § 27. 

When requested by any person interested, port wardens shall 
proceed on board of any vessel on her arrival in port, and survey 
her hatches, and notice if they are properly caulked and secured ; 
and if they have been opened by some person not a port warden, 
that fact shall also be noticed, and all the facts in relation to the 
hatches of said vessel shall be entered in the official record. 
They shall also examine the condition and stowage of the cargo 
of any vessel, and if any portion of it is found to be damaged, 
they shall inquire into and ascertain the cause thereof, and make 
a memorandum of the same, noting particularly the marks and 
numbers of each damaged package, and shall enter the same in 
full in the records of their office ; and for the purpose of ascer- 
taining the extent of said damage, they shall examine goods, 
wares or merchandise of any description, in any warehouse or 
store, or on any wharf or at any place where the same are ; pro- 
vided, that said goods, wares or merchandise are part of the cargo, 
and are claimed to be damaged ; and they shall note particularly 
the marks and numbers of every package examined by them 
and the extent of the damage received, and all the facts in rela- 
tion thereto shall be entered in the records of their office. R. S. 
c. 38, § 28. 

When requested in writing by any person interested, port 
wardens shall also survey the cargo of any vessel arriving in port 
in distress ; and shall make and record in the books of their 
office, a full and particular report of the condition of said cargo, 
and of their recommendations in relation to the disposal of such 
portions of the same as in their judgment may not be in condition 
for reshipment, reference being had to the best interests of all 
concerned. R. S. c. 38, § 29. 

When requested in writing by any person interested, they 
shall also survey any vessel which may have suffered wreck or 
damage, or which may be deemed unseaworthy ; and such port 
wardens shall call to their assistance one merchant and one ship- 



PORT WARDENS. 787 

wright, both of whom shall be competent and disinterested per- 
sons and shall be sworn faithfully to perform their duties in the 
examination and survey ; and said surveyors and port wardens 
shall examine the hull, spars, sails, rigging and all the appurte- 
nances of said vessel, and make and record in the books of the 
port warden's office a full and particular report of all the surveys 
by them held on said vessel, specifying what damage she has 
sustained and what repairs in their opinion are necessary to ren- 
der her again seaworthy ; and the aforesaid report shall be pre- 
sumptive evidence of the necessity of such repairs and of the 
sufficiency of the same when made. R. S. c. 38, § 30. 

Port wardens shall be allowed fees to be paid by the person 
requesting their services, as follows : For survey of hatches, 
two dollars ; for each survey of cargo on shipboard, one dollar ; 
for certificate of stowage of cargo, two dollars ; for each subse- 
quent certificate, one dollar; for each survey to ascertain extent 
of damage, two dollars ; for each certificate thereof, two dollars ; 
for each survey required by section twenty-nine, four dollars; 
for each certificate thereof, two dollars ; on each survey as 
required by section thirty, for each person, two dollars; for each 
certificate thereof, two dollars. R. S. c. 38, § 31. 

In the cities and towns for which they are elected, port ward- 
ens shall have exclusive jurisdiction in all matters pertaining to 
their duties, as specified in this chapter ; and any other person 
who performs or attempts to perform any such duties in any city 
or town wherein there is a port warden, forfeits for each offense 
one hundred dollars, to be recovered in an action of debt by any 
prosecutor. R. S. c. 38, § 32. 



CHAPTER CXIIL 



HARBOR MASTERS. 

Selectmen of towns, on request by any person desiring moor- 
ing privileges or regulation of mooring privileges for boats or 
vessels, shall annually appoint a harbor master who shall be sub- 
ject to all the duties and liabilities of said office as prescribed by 
law, and in case of the failure or refusal of said harbor master to 
perform said duties, he shall be subject to a fine of twenty-five 



788 HARBOR MASTERS. 

dollars, for the benefit of the town, for each willful neglect or 
refusal to attend the same. The selectmen may establish his 
compensation and may for cause by them declared in writing, 
after due notice to such officer and hearing thereon, if requested, 
remove him and appoint another in his stead. R. S. c. 4, § 100. 

The municipal authorities of all maritime towns and planta- 
tions shall make rules and regulations for the keeping open of 
convenient channels for the passage of vessels in the harbors and 
water ways of the towns for which they act, and shall establish 
the boundary lines of such channels, and assign suitable portions 
of their harbors for anchorages. R. S. c. 4, § 101. 

Such rules and regulations as may be made by such municipal 
authorities shall be enforced and carried out by the harbor master 
of said town, who may appoint a deputy to act in case of his 
absence or disability. R. S. c. 4, § 102. 

In all harbors wherein channel lines have been established by 
the municipal authorities, as provided in section one hundred and 
one, and in all other harbors where mooring rights of individuals 
are claimed to be invaded and protection is sought of the harbor 
master, he shall assign and indicate to the master or owner of 
boats and vessels the location which they may occupy with or 
for mooring purposes, the kind of mooring to be used, and shall 
change the location of said moorings from time to time when the 
crowded condition of such harbor or other conditions render such 
change desirable; he shall assign mooring privileges in such 
waters in all cases where individuals who own the shore rights 
or have an interest in the same are complainants, and shall locate 
suitable mooring privileges therefor for boats and vessels, tempo- 
rarily or permanently as the case may be, fronting their land, 
if so requested, but not thereby to encroach upon the natural 
channel, or channels established by municipal authorities. The 
municipal officers shall fix the compensation of the harbor master 
for such services rendered. R. S. c. 4, § 103. 

In case of the neglect or refusal of the master or owner of any 
boat or vessel, to remove his mooring or to replace it by one of 
different character, when so directed by the harbor master, said 
harbor master shall cause said mooring to be removed, or shall 
make such change in the character thereof as required, and 
shall collect from the master or owner of such boat or vessel the 
sum of two dollars for either of such services rendered, and also 
the necessary expenses. R. S. c. 4, § 104. 



HARBOR MASTERS. 789 

Such harbor master shall, upon complaint to him by the 
master, owner or agent of any vessel, cause any other vessel or 
vessels obstructing the free movement or safe anchorage of such 
vessel to remove to a position to be designated by him, and to 
cause, without any complaint being made to him, any vessels 
anchoring within the channel lines as established by the munici- 
pal authorities as provided in section one hundred and one to 
remove to such anchorage as he may designate. R. S. c.4, § 105. 

If such vessel has no crew on board, or if the master or other 
person in charge neglects or refuses to move such vessel as 
directed by the harbor master, then and in that case such harbor 
master may put a suitable crew on board and move such vessel 
to a suitable berth at a wharf or anchorage at the cost and risk 
of the owners thereof, and shall charge two dollars, to be paid by 
the master or owner of such vessel, which charge together with 
the cost of the crew for removing such vessel the harbor master 
may collect by suit. R. S. c. 4, § 106. 

Harbor masters may arrest and deliver to the police authorities 
on shore any person committing an assualt upon them or another 
person acting under their authority. R. S. c. 4, § 107. 



CHAPTER CXIV, 



TREES, PRESERVATION OF— BROWN TAIL AND GYPSY 

MOTH. 

For the purposes of this act the gypsy and brown-tail moths in 
their different stages, are hereby declared public nuisances, and 
their suppression is authorized and required, but no owner or 
occupant of real estate infested by such nuisance shall by reason 
thereof be liable to an action civil or criminal except to the 
extent and in the manner and form herein set forth. P. L. 1907 
c. 15, § 2. 

All nurseries or places where trees, shrubs, vines and plants 
are grown or offered for sale, shall be inspected at least once a 
year by the state entomologist appointed by the commissioner of 
agriculture, or by some person acting under the direction of the 
state entomologist and by him deemed competent, and if no 



790 TEEES, PRESERVATION OF, ETC. 

dangerous insects or fungous diseases are found therein a certifi- 
cate to that effect shall be given. If such pests are found 
therein, the owner of the stock shall take such measures to 
destroy the same as the state entomologist shall prescribe, and 
no certificate as aforesaid shall be given until the said entomol- 
ogist has satisfied himself that all such pests have been sup- 
pressed. The state entomologist, either personally or through 
competent assistants as aforesaid, may inspect any orchard, field, 
garden or roadside in public or private grounds, which he or 
they may know or have reason to suspect to be infested with the 
San Jose scale or any serious pest or infectious disease, when in 
his or their judgment such pests or infectious diseases are a 
menace to adjoining owners; and the state entomologist may 
order the owner, occupant, or person in charge thereof, in writ- 
ing, to properly spray or give other suitable treatment, or to cut 
and destroy any such diseased trees or shrubs, if in the opinion 
of the state entomologist such action is necessary. If the owner 
of such orchard, field or garden neglects or refuses to comply 
with such written order of the said entomologist, he shall be fined 
not less than ten dollars nor more than fifty dollars for each 
offense. P. L. 1909 c. 34, § 1. 

All nursery stock shipped into this state from any other state, 
country or province shall bear on each box or package a certifi- 
cate that the contents of said box or package have been inves- 
tigated by a duly authorized inspecting officer, and that said 
contents appear to be free from all dangerous insects and diseases. 
The state entomologist, or his competent assistants as aforesaid, 
shall have power to inspect, at the point of destination, all stock 
coming into the state, whether under certificate or not, and 
should such stock be found to be infested with any injurious 
insects or plant diseases, the state entomologist shall cause it to 
be destroyed or returned to the consignor at the consignor's 
expense, if he shall so elect. All prosecutions under the provi- 
sions of this act shall be instituted by the commissioner of agri- 
culture and shall be directed by him and all penalties and costs 
recovered from the violation of any provision of this act shall be 
paid into the state treasury, to be kept as a fund for the use of 
the commissioner of agriculture in the enforcement of this act 
and as an addition to the appropriation made in this act to be 
drawn from the treasury in the same manner as said appropri- 
ation. P. L. 1909 c. 34, § 2. 

Agents or other parties excepting growers who wish to sell 
nursery stock shall make application for an agent's license and 



TREES, PRESERVATION OF, ETC. 791 

shall file with the state entomologist the names and addresses of 
nurseries or parties from which they purchase their stock. On 
receipt of such application the state entomologist shall issue an 
agent's license valid for one year in such form and with such 
provisions as the commissioner of agriculture may prescribe. 
Such license may be revoked at any time for failure to report 
names and addresses of nurseries from which stock is purchased 
or for such other causes as may in the opinion of the commis- 
sioner of agriculture be deemed sufficient. Any violation of this 
requirement shall be fined not less than ten nor more than fifty 
dollars for each offense. For the purpose of this act the term 
nursery stock is hereby applied to all fruit and ornamental trees, 
shrubs and vines, and includes currant, gooseberry, blackberry 
and raspberry bushes, also strawberry plants. P. L. 1909 c. 34, 

§ 3 - 

Should any person in the state suspect the presence of the 
brown-tail moth or San Jose scale preying upon trees, shrubs or 
vines in his possession or within his knowledge he shall forthwith 
notify the commissioner of agriculture to that effect ; and it shall 
be the duty of said commissioner to cause the said trees, shrubs 
or vines to be inspected. If sufficient cause be found the com- 
missioner of agriculture shall forthwith notify the municipal offi- 
cers of the city or town where such pests have been found. 
Municipal officers thus notified shall immediately cause to be 
destroyed such of the above named insects in their different 
stages as may be found within the limits of the public streets and 
parks. Said limit to extend to the distance of sixty feet from 
the center of the public streets or highways and include all trees 
and shrubbery growing thereon. Should such municipal officers 
neglect or fail within a reasonable time to perform the duties 
herein imposed upon them, then the commissioner of agriculture 
shall order such city, town or plantation to proceed to destroy 
the above named insects in accordance with methods to be pre- 
scribed by him and to spend such an amount in the above named 
work as he shall .deem necessary. If the amount thus expended 
during one full year shall exceed one-twentieth of one per cent of 
the tax valuation of said city or town, then the city or town shall 
be reimbursed according to section eleven. If any city, town or 
plantation shall fail to comply with the directions of said commis- 
sioner in the performance of said work and the expenditure of 
such money within the time specified by him, then the commis- 
sioner of agriculture shall cause the said work to be done and 
shall charge the actual expense of the same to said city or town ; 



792 TREES, PRESERVATION OF, ETC. 

such amount to be collected as a state tax and credited to this 
appropriation. Whenever a city, town or plantation is notified 
by the commissioner of agriculture of the presence of the brown- 
tail moth or San Jose scale, the mayor of each city, the selectmen 
of each town and the assessors of each plantation shall notify 
each owner of real estate located therein, requiring him to destroy 
the above named insects in his orchard and shade trees within a 
specified time. If the owner fails to destroy the above named 
insects before the specified time, then the city, town or plantation 
subject to the approval of the commissioner of agriculture, shall 
destroy them, and shall assess upon such aforesaid real estate the 
actual cost of so doing, to an amount, however, not exceeding 
one per cent of the assessed valuation of the above named prop- 
erty. The amount so assessed shall be collected in the form of a 
tax. If the expense incurred by the town in the performance of 
the above named duties shall exceed the last above named amount, 
the town shall be reimbursed by the commissioner of agriculture 
by an amount equal to this excess, providing the work has been 
done according to the provisions of this act. It shall be the duty 
of the commissioner of agriculture to disseminate information 
concerning the brown-tail and gypsy moths, San Jose scale and 
other injurious insects. Cities and towns may raise the sums 
necessary to carry out the provisions of this section in the same 
manner in which money is raised for other necessary municipal 
purposes. P. L. 1909 c. 34, § 4. 

Any person who shall purposely resist or obstruct such com- 
missioner or any person or persons under his employ, or any offi- 
cer or agent of a city or town while engaged in the execution of 
the purposes of this act, shall be punished by a fine not exceed- 
ing twenty-five dollars for each offense. P. L. 1907 c. 15, § 10. 

When any city or town shall have expended in any one calen- 
dar year, within its limits, its funds to an amount equal to one- 
twentieth of one per cent of its assessed valuation of the previous 
year in destroying or suppressing the brown-tail moth, San Jose 
scale and similar insects, but not including the gypsy moth, in 
any of their stages, as herein provided, it shall receive reimburse- 
ment from the state as follows : 

Cities or towns having a total assesssed valuation of seven hun- 
dred and fifty thousand dollars or less shall receive such sums 
as may in the judgment of the commissioner of agriculture have 
been necessarily expended by them in excess of one-twentieth of 
one per cent of such assessed valuation. 



TREES, PRESERVATION OF, ETC. 793 

Cities and towns having a total assessed valuation of more 
than seven hundred and fifty thousand dollars and not exceeding 
one million five hundred thousand dollars assessed valuation, 
shall receive seventy-five per cent of such sum as may in the 
judgment of the commissioner of agriculture have been expended 
by them in excess of one-twentieth of one per cent of such valu- 
ation. 

Cities or towns having a total assessed valuation of more than 
one million five hundred thousand dollars shall receive fifty per 
cent of such sums as may in the judgment of the commissioner 
of agriculture have been expended by them in excess of one- 
twentieth of one per cent of such valuation. 

No city or town shall be entitled to reimbursement from the 
state as aforesaid until it shall have submitted, under oath, to 
the commissioner of agriculture its itemized, receipted accounts 
and vouchers showing the amounts expended by it in the process 
of destroying the above named pests according to the provisions 
of this act. This act applies only to the actual expenditure of 
funds for the extermination of the above named pests in the 
above named territory, namely, "within the limits of public 
streets and parks," and does not apply to the "bounty system" so 
called. P. L. 1909 c. 34, § 6. 

In view of the possibility of spreading the gypsy moth by 
careless parties who do not understand the grave danger 
involved, the entire work of suppressing this pest in all its forms 
shall be done under the direct charge of the commissioner of 
agriculture and is so considered in this act. Whenever any city 
or town shall appropriate or raise a sum of money and shall pay 
the same over to the state treasury for the purpose of exter- 
minating the gypsy moth within its borders, the commissioner of 
agriculture shall cause such amount to be expended in such city 
or town as herein provided, together with an equivalent amount 
from the appropriation hereafter made. Provided, however, if it 
be found by the commissioner of agriculture unnecessary or 
impracticable to expend such entire amount during the year fol- 
lowing such payment to the state treasurer one-half the amount 
so remaining unexpended shall be reimbursed to such city or 
town. P. L. 1909, c. 34, § 7. 

The sub-division of the department of agriculture under 
which the state entomologist performs the duties required to be 
done by him, by the provisions of this act, shall be known as the 
bureau of entomology. P. L. 1907 c. 15, § 14. 



794 TREES, PRESERVATION OF, ETC. 

Trial justices and municipal courts are vested with the original 
jurisdiction, concurrent with the supreme and superior courts to 
try, and, upon conviction, to punish, for offenses against the pro- 
visions of this act. P. L. 1909 c. 34, § 8. 

For the purpose of carrying into effect the provisions of this 
act there shall be appropriated the sum of thirty-five thousand 
dollars annually to be expended under the supervision of the 
commissioner of agriculture upon the presentation of properly 
approved bills for the same. Any part of this appropriation 
remaining unexpended at the end of any calendar year may be 
expended during the following year. P. L. 1909 c. 34, § 9. 

Whereas, the gypsy and brown-tail moths have been declared 
by law to be public nuisances and their suppression and the pre- 
vention of their introduction into this state, and the protection 
of trees and shrubs from the introduction and ravages of danger- 
ous insects and diseases, require constant work now being carried 
on under the direction of the commissioner of agriculture, and 
the interruption of said work until ninety days after the recess 
of this legislature would be harmful to the public health, and 
whereas, by reason of the foregoing facts this measure is immedi- 
ately necessary for the preservation of the public health, and an 
emergency as contemplated by the constitution exists, now there- 
fore be it enacted by the people of the State of Maine as follows : 

For the purpose of carrying into effect all provisions of law 
now in force, or as the same may be amended and added to, rela- 
tive to the protection of trees and shrubs from the introduction 
and ravages of dangerous insects and diseases, there is hereby 
appropriated out of any moneys in the treasury the sum of 
twenty-five thousand dollars annually for the years nineteen hun- 
dred and nine and nineteen hundred and ten. Any part of this 
appropriation remaining unexpended at the end of any calendar 
year may be expended under the supervision of the commissioner 
of agriculture, upon presentation of properly approved bills for 
the same. This act, two-thirds of all the members elected to- 
each house having so directed, shall take effect when approved 
by the governor. P. L. 1909 c. 108. 



FISH AND GAME LAWS. 795 



CHAPTER CXV. 



FISH AND GAME LAWS. 



The statutes pertaining to fish and game are frequently 
amended. For this reason it is deemed best to omit same from 
this book. The laws may be obtained from the chairman of the 
Commission on Inland Fisheries and Game, Augusta, Maine. 



CHAPTER CXVL 



PEOPLE'S VETO— REFERENDUM— DIRECT INITIATIVE. 

Part first of article four of the Constitution of Maine is hereby 
amended as follows, namely : 

By striking out all of section one after the word "Maine" in 
the third line thereof, and inserting in lieu thereof the following 
words, "but the people reserve to themselves power to propose 
laws and to enact or reject the same at the polls independent of 
the legislature, and also reserve power at their own option to 
approve or reject at the polls any act, bill, resolve or resolution 
passed by the joint action of both branches of the legislature, 
and the style of their laws and acts shall be 'Be it enacted by 
the people of the State of Maine,' " so that that said section as 
amended, shall read as follows, namely : 

The legislative power shall be vested in two distinct branches, 
a house of representatives and a senate, each to have a negative 
on the other, and both to be styled the legislature of Maine, but 
the people reserve to themselves power to propose laws and to 
enact or reject the same at the polls independent of the legisla- 
ture, and also reserve power at their own option to approve or 
reject at the polls any act, bill, resolve or resolution passed by 
the joint action of both branches of the legislature, and the style 



796 people's veto, referendum, etc. 

of their laws and acts shall be, "Be it enacted by the people of 
the State of Maine." 

Part third of article four is hereby amended as follows, namely : 

By inserting in section one, after the words "biennially and" 
in the second line thereof, the words "with the exceptions herein- 
after stated," so that said section shall read as amended : 

The legislature shall convene on the first Wednesday of Janu- 
ary, biennially, and, with the exceptions hereinafter stated, shall 
have full power to make and establish all reasonable laws and 
regulations for the defense and benefit of the people of this state, 
not repugnant to this constitution nor to that of the United 
States. 

Part third of article four is further amended by adding to said 
article the following sections to be numbered from sixteen to 
twenty-two inclusive, namely : 

Section 16. No act or joint resolution of the legislature, 
except such orders or resolutions as pertain solely to facilitating 
the performance of the business of the legislature, of either 
branch, or of any committee or officer thereof, or appropriate 
money therefor or for the payment of salaries fixed by law, shall 
take effect until ninety days after the recess of the legislature 
passing it, unless in case of emergency, (which with the facts 
constituting the emergency shall be expressed in the preamble of 
the act), the legislature shall, by a vote of two-thirds of all the 
members elected to each house, otherwise direct. An emergency 
bill shall include only such measures as are immediately neces- 
sary for the preservation of the public peace, health or safety 
and shall not include (1) an infringement of the right of home 
rule for municipalities, (2) a franchise or a license to a corpora- 
tion or an individual to extend longer than one year, or (3) pro- 
vision for the sale or purchase or renting for more than five 
years of real estate. 

Sec. 17. Upon the written petition of not less than ten thou- 
sand electors, addressed to the governor and filed in the office of 
the secretary of state within ninety days after the recess of the 
legislature, requesting that one or more acts, bills, resolves or 
resolutions, or part or parts thereof, passed b}^ the legislature, 
but not then in effect by reason of the provisions of the preced- 
ing section be referred to the people, such acts, bills, resolves, or 
resolutions or part or parts thereof, as are specified in such peti- 
tion shall not take effect until thirty days after the governor 
shall have announced by public proclamation that the same have 



PEOPLES VETO, REFERENDUM, ETC. 797 

been ratified by a majority of the electors voting thereon at a 
general or special election. As soon as it appears that the 
effect of any act, bill, resolve, or resolution or part or parts 
thereof has been suspended by petition in manner aforesaid, the 
governor by public proclamation shall give notice thereof and of 
the time when such measure is to be voted on by the people, 
which shall be at the next general election not less than sixty 
days after such proclamation, or in case of no general election 
within six months thereafter the governor may, and if so 
requested in said written petition therefor, shall order such 
measure submitted to the people at a special election not less 
than four nor more than six months after his proclamation 
thereof. 

Sec. 18. The electors may propose to the legislature for its 
consideration any bill, resolve or resolution, including bills to 
amend or repeal emergency legislation but not an amendment of 
the state constitution, by written petition addressed to the legis- 
lature or to either branch thereof and filed in the office of the 
secretary of state or presented to either branch of the legislature 
at least thirty days before the close of its session. Any measure 
thus proposed by not less than twelve thousand electors, unless 
enacted without change by the legislature at the session at which 
it is presented, shall be submitted to the electors together with 
any amended form, substitute, or recommendation of the legisla- 
ture, and in such manner that the people can choose between the 
competing measures or reject both. When there are competing 
bills and neither receives a majority of the votes given for or 
against both, the one receiving the most votes shall at the next 
general election to be held not less than sixty days after the first 
vote thereon be submitted by itself if it receives more than one- 
third of the votes given for and against both. If the measure 
initiated is enacted by the legislature without change, it shall 
not go to a referendum vote unless in pursuance of a demand 
made in accordance with the preceding section. The legislature 
may order a special election on any measure that is subject to a 
vote of the people. The governor may, and if so requested in 
the written petition addressed to the legislature, shall, by proc- 
lamation, order any measure proposed to the legislature by at 
least twelve thousand electors as herein provided, and not enacted 
by the legislature without change, referred to the people at a 
special election to be held not less than four nor more than six 
months after such proclamation, otherwise said measure shall be 
voted upon at the next general election held not less than sixty 



798 people's veto, referendum, etc. 

days after the recess of the legislature, to which such measure 
was proposed. 

Sec. 19. Any measure referred to the people and approved 
by a majority of the votes given thereon shall, unless a later date 
is specified in said measure, take effect and become a law in 
thirty days after the governor has made public proclamation of 
the result of the vote on said measure, which he shall do within 
ten days after the vote thereon has been canvassed and deter- 
mined. The veto power of the governor shall not extend to any 
measure approved by vote of the people, and any measure ini- 
tiated by the people and passed by the legislature without change, 
if vetoed by the governor and if his veto is sustained by the 
legislature shall be referred to the people to be voted on at the 
next general election. The legislature may enact measures 
expressly conditioned upon the people's ratification by a refer- 
endum vote. 

Sec. 20. As used in either of the three preceding sections 
the words "electors" and "people" mean the electors of the state 
qualified to vote for governor ; "recess of the legislature" means 
the adjournment without day of a session of the legislature ; 
"general election" means the November election for choice of 
presidential electors or the September election for choice of gov- 
ernor and other state and county officers ; "measure" means an 
act, bill, resolve or resolution proposed by the people, or two or 
more such, or part or parts of such, as the case may be ; "writ- 
ten petition" means one or more petitions written or printed, or 
partly written and partly printed, with the original signatures 
of the petitioners attached, verified as to the authenticity of the 
signatures by the oath of one of the petitioners certified thereon, 
and accompanied by the certificate of the clerk of the city, town 
or plantation in which the petitioners reside that their names 
appear on the voting list of his city, town or plantation as quali- 
fied to vote for governor. The petitions shall set forth the full 
text of the measure requested or proposed. The full text of a 
measure submitted to a vote of the people under the provisions 
of the constitution need not be printed on the official ballots, 
but, until otherwise provided by the legislature, the secretary of 
state shall prepare the ballots in such form as to present the 
question or questions concisely and intelligibly. 

Sec. 21. The city council of any city may establish the 
initiative and referendum for the electors of such city in regard 
to its municipal affairs, provided that the ordinance establishing 
and providing the method of exercising such initiative and refer- 



people's veto, referendum, etc. 799 

endum shall not take effect until ratified by vote of a majority 
of the electors of said city, voting thereon at a municipal elec- 
tion. Provided, however, that the legislature may at any time 
provide a uniform method for the exercise of the initiative and 
referendum in municipal affairs. 

Sec. 22. Until the legislature shall enact further regulations 
not inconsistent with the constitution for applying the people's 
veto and direct initiative, the election officers and other officials 
shall be governed by the provisions of this constitution and of 
the general law, supplemented by such reasonable action as may 
be necessary to render the preceding section self executing. 

(Note : Resolution adopted by legislature March twentieth, 
nineteen hundred and seven. Resolution, c. 121. Adopted Sep- 
tember fourteenth, nineteen hundred and eight.) 



CHAPTER CXVIL 



UNITED STATES BANKRUPTCY LAW. 

The following are extracts from the Bankruptcy Law, as 
amended. For additional provisions see Act of Congress, 
approved 1898. 

Section 3. Acts of Bankruptcy. — a Acts of bankruptcy 
by a person shall consist of his having (1) conveyed, transferred, 
concealed, or removed, or permitted to be concealed or removed, 
any part of his property with intent to hinder, delay, or defraud 
his creditors, or any of them ; or (2) transferred, while insolvent, 
any portion of his property to one or more of his creditors with 
intent to prefer such creditors over his other creditors ; or (3) 
suffered or permitted, while insolvent, any creditor to obtain a 
preference through legal proceedings, and not having at least 
five days before a sale or final disposition of any property 
affected by such preference vacated or discharged such prefer- 
ence ; or (4) made a general assignment for the benefit of his 
creditors, or, being insolvent, applied for a receiver or trustee for 
his property or because of insolvency a receiver or trustee has 
been put in charge of his property under the laws of a state, of 
a territory, or of the United States ; or (5) admitted in writing 



800 UNITED STATES BANKRUPTCY LAW. 

his inabilit}^ to pay his debts, and his willingness to be adjudged 
a bankrupt on that ground. 

b A petition may be filed against a person who is insolvent 
and who has committed an act of bankruptcy within four months 
after the commission of such act. Such time shall not expire 
until four months after (1) the date of the recording or register- 
ing of the transfer or assignment when the act consists in having 
made a transfer of any of his property with intent to binder, 
delay, or defraud his creditors or for the purpose of giving a 
preference as hereinbefore provided, or a general assignment for 
the benefit of his creditors, if by law such recording or regis- 
tering is required or permitted, or, if it is not, from the date 
when the beneficiary takes notorious, exclusive, or continuous 
possession of the property unless the petitioning creditors have 
received actual notice of such transfer or assignment. 

c It shall be a complete defense to any proceedings in bank- 
ruptcy instituted under the first subdivision of this section to 
allege and prove that the party proceeded against was not insol- 
vent as denned in this act at the time of the riling the petition 
against him, and if solvency at such date is proved by the alleged 
bankrupt the proceedings shall be dismissed, and under said sub- 
division one the burden of proving solvency shall be on the 
alleged bankrupt. 

d Whenever a person against whom a petition has been filed 
as hereinbefore provided under the second and third subdivisions 
of this section takes issue with and denies the allegation of his 
insolvency, it shall be his duty to appear in court on the hearing, 
with his books, papers, and accounts, and submit to an examina- 
tion, and give testimony as to all matters tending to establish 
solvency or insolvency, and in case of his failure to so attend 
and submit to examination the burden of proving his solvency 
shall rest upon him. 

e Whenever a petition is filed by any person for the purpose 
of having another adjudged a bankrupt, and an application is 
made to take charge of and hold the property of the alleged 
bankrupt, or any part of the same, prior to the adjudication and 
pending a hearing on the petition, the petitioner or applicant 
shall file in the same court a bond with at least two good and 
sufficient sureties who shall reside within the jurisdiction of said 
court, to be approved by the court or a judge thereof, in such 
sum as the court shall direct, conditioned for the payment, in 
case such petition is dismissed, to the respondent, his or her per- 



UNITED STATES BANKRUPTCY LAW. 801 

sonal representatives, all costs, expenses, and damages occasioned 
by such seizure, taking, and detention of the property of the 
alleged bankrupt. 

If such petition be dismissed by the court or withdrawn by 
the petitioner, the respondent or respondents shall be allowed all 
costs, counsel fees, expenses, and damages occasioned by such 
seizure, taking, or detention of such property. Counsel fees, 
costs, expenses, and damages shall be fixed and allowed by the 
court, and paid by the obligors in such bond. 

Sec. 4. Who May Become Bankrupts. — a Any person, 
except a municipal, railroad, insurance, or banking corporation, 
shall be entitled to the benefits of this act as a voluntary 
bankrupt. 

b Any natural person, except a wage-earner or a person 
engaged chiefly in farming or the tillage of the soil, any unin- 
corporated company, and any moneyed, business, or commercial 
corporation, except a municipal, railroad, insurance, or banking 
corporation, owing debts to the amount of one thousand dollars 
or over, may be adjudged an involuntary bankrupt upon default 
or an impartial trial, and shall be subject to the provisions and 
entitled to the benefits of this act. The bankruptcy of a cor- 
poration shall not release its officers, directors, or stockholders, 
as such, from any liability under the laws of a state or territory 
or of the United States. 

Sec. 5. Partners. — a A partnership, during the continua- 
tion of the partnership business, or after its dissolution and 
before the final settlement thereof, may be adjudged a bankrupt. 

b The creditors of the partnership shall appoint the trustee ; 
in other respects so far as possible the estate shall be adminis- 
tered as herein provided for other estates. 

c The court of bankruptcy which has jurisdiction of one of 
the partners may have jurisdiction of all the partners and of the 
administration of the partnership and individual property. 

d The trustee shall keep separate accounts of the partnership 
property and of the property belonging to the individual partners. 

e The expenses shall be paid from the partnership property 
and the individual property in such proportions as the court shall 
determine. 

/ The net proceeds of the partnership property shall be appro- 
priated to the payment of the partnership debts, and the net pro 

51 



802 UNITED STATES BANKRUPTCY LAW. 

ceeds of the individual estate of each partner to the payment of 
his individual debts. Should any surplus remain of the property 
of any partner after paying his individual debts, such surplus 
shall be added to the partnership assets and be applied to the 
payment of the partnership debts. Should any surplus of the 
partnership property remain after paying the partnership debts, 
such surplus shall be added to the assets of the individual part- 
ners in the proportion of their respective interests in the partner- 
ship. 

g The court may permit the proof of the claim of the part- 
nership estate against the individual estates, and vice versa, and 
may marshal the assets of the partnership estate and individual 
estates so as to prevent preferences and secure the equitable dis- 
tribution of the property of the several estates. 

h In the event of one or more but not all of the members of 
a partnership being adjudged bankrupt, the partnership property 
shall not be administered in bankruptcy, unless by consent of 
the partner or partners not adjudged bankrupt ; but such partner 
or partners not adjudged bankrupt shall settle the partnership 
business as expeditiously as its nature will permit, and account 
for the interest of the partner or partners adjudged bankrupt. 

Sec. 6. Exemption of Bankrupts. — a This act shall not 
affect the allowance to bankrupts of the exemptions which are 
prescribed by the state laws in force at the time of the riling of 
the petition in the state wherein they have had their domicile 
for the six months or the greater portion thereof immediately 
preceding the filing of the petition. 

Sec. 7. Duties of Bankrupts. — a The bankrupt shall 
(1) attend the first meeting of his creditors, if directed by the 
court or a judge thereof to do so, and the hearing upon his appli- 
cation for a discharge, if filed ; (2) comply with all lawful orders 
of the court ; (3) examine the correctness of all proofs of claims 
filed against his estate ; (4) execute and deliver such papers as 
shall be ordered by the court ; (5) execute to his trustee trans- 
fers of all his property in foreign countries; (6) immediately 
inform his trustee of any attempt, by his creditors or other per- 
sons, to evade the provisions of this act, coming to his knowl- 
edge ; (7) in case of any person having to his knowledge proved 
a false claim against his estate, disclose that fact immediately to 
his trustee ; (8) prepare, make oath to, and file in court within 
ten days, unless further time is granted, after the adjudication, 
if an involuntary bankrupt, and with the petition if a voluntary 



UNITED STATES BANKRUPTCY LAW. 803 

bankrupt, a schedule of his property, showing the amount and 
kind of property, the location thereof, its money value in detail, 
and a list of his creditors, showing their residences, if known, if 
unknown, that fact to be stated, the amounts due each of them, 
the consideration thereof, the security held by them, if any, and 
a claim for such exemptions as he may be entitled to, all in trip- 
licate, one copy of each for the clerk, one for the referee, and 
one for the trustee ; and (9) when present at the first meeting 
of his creditors, and at such other times as the court shall order, 
submit to an examination concerning the conducting of his busi- 
ness, the cause of his bankruptcy, his dealings with his creditors 
and other persons, the amount, kind, and whereabouts of his prop- 
erty, and, in addition, all matters which may affect the adminis- 
tration and settlement of his estate ; but no testimony given by 
him shall be offered in evidence against him in any criminal pro- 
ceeding. Provided, however, that he shall not be required to 
attend a meeting of his creditors, or at or for an examination at 
a place more than one hundred and fifty miles distant from his 
home or principal place of business, or to examine claims except 
when presented to him, unless ordered by the court, or a judge 
thereof, for cause shown, and the bankrupt shall be paid his 
actual expenses from the estate when examined or required to 
attend at any place other than the city, town, or village of his 
residence. 

Sec. 8. Death or Insanity of Bankrupts. — a The 
death or insanity of a bankrupt shall not abate the proceedings, 
but the same shall be conducted and concluded in the same man- 
ner, so far as possible, as though he had not died or become 
insane : Provided, that in case of death the widow and children 
shall be entitled to all rights of dower and allowance fixed by 
the laws of the state of the bankrupt's residence. 

Sec. 9. Protection and Detention of Bankrupts. — 
a A bankrupt shall be exempt from arrest upon civil process 
except in the following cases : (1) When issued from a court of 
bankruptcy for contempt or disobedience of its lawful orders ; 
(2) when issued from a state court having jurisdiction, and 
served within such state, upon a debt or claim from which his 
discharge in bankruptcy would not be a release, and in such case 
he shall be exempt from such arrest when in attendance upon a 
court of bankruptcy or engaged in the performance of a duty 
imposed by this act. 

b The judge may, at any time after the filing of a petition by 
or against a person, and before the expiration of one month after 



804 UNITED STATES BANKRUPTCY LAW. 

the qualification of the trustee, upon satisfactory proof by the 
affidavits of at least two persons that such bankrupt is about to 
leave the district in which he resides or has his principal place 
of business to avoid examination, and that his departure will 
defeat the proceedings in bankruptcy, issue a warrant to the 
marshal, directing him to bring such bankrupt forthwith before 
the court for examination. If upon hearing the evidence of the 
parties it shall appear to the court or a judge thereof, that the 
allegations are true and that it is necessary, he shall order such 
marshal to keep such bankrupt in custody not exceeding ten 
days, but not imprison him, until he shall be examined and 
released or give bail conditioned for his appearance for examina- 
tion, from time to time, not exceeding in all ten days, as required 
by the court, and for his obedience to all lawful orders made in 
reference thereto. 

Sec. 10. Extradition of Bankrupts. — a Whenever a 
warrant for the apprehension of a bankrupt shall have been 
issued, and he shall have been found within the jurisdiction of a 
court other than the one issuing the warrant, he may be extra- 
dited in the same manner in which persons under indictment are 
now extradited from one district within which a district court 
has jurisdiction to another. 

Sec. 11. Suits By and Against Bankrupts. — a A suit 
which is founded upon a claim from which a discharge would be 
release, and which is pending against a person at the time of the 
filing of a petition against him, shall be stayed until after an 
adjudication or the dismissal of the petition ; if such person is 
adjudged a bankrupt, such action may be further stayed until 
twelve months after the date of such adjudication, or, if within 
that time such person applies for a discharge, then until the 
question of such discharge is determined. 

b The court may order the trustee to enter his appearance 
and defend any pending suit against the bankrupt. 

c A trustee may, with the approval of the court, be permitted 
to prosecute as trustee any suit commenced by the bankrupt 
prior to the adjudication, with like force and effect as though it 
had been commenced by him. 

d Suits shall not be brought by or against a trustee of a 
bankrupt estate subsequent to two years after the estate has been 
closed. 

Sec. 12. Compositions, when Confirmed. — a A bank- 
rupt may offer, either before or after adjudication, terms of 



UNITED STATES BANKRUPTCY LAW. 805 

composition to his creditors after, but not before, he has been 
examined in open court or at a meeting of his creditors, and has 
filed in court the schedule of his property and the list of his 
creditors required to be filed by bankrupts. In compositions 
before adjudication the bankrupt shall file the required schedules, 
and thereupon the court shall call a meeting of creditors for the 
allowance of claims, examination of the bankrupt, and preserva- 
tion or conduct of estates, at which meeting the judge or referee 
shall preside ; and action upon the petition for adjudication shall 
be delayed until it shall be determined whether such composition 
shall be confirmed. 

b An application for the confirmation of a composition may 
be filed in the court of bankruptcy after, but not before, it has 
been accepted in writing by a majority in number of all creditors 
whose claims have been allowed, which number must represent a 
majority in amount of such claims, and the consideration to be 
paid by the bankrupt to his creditors, and the money necessary 
to pay all debts which have priority and the cost of the proceed- 
ings, have been deposited in such place as shall be designated by 
and subject to the order of the judge. 

c A date and place, with reference to the convenience of the 
parties in interest, shall be fixed for the hearing upon each appli- 
cation for the confirmation of a composition, and such objections 
as may be made to its confirmation. 

d The judge shall confirm a composition if satisfied that (1) 
it is for the best interests of the creditors ; (2) the bankrupt has 
not been guilty of any of the acts or failed to perform any of the 
duties which would be a bar to his discharge ; and (3) the offer 
and its acceptance are in good faith and have not been made or 
procured except as herein provided, or by any means, promises, 
or acts herein forbidden. 

e Upon the confirmation of a composition, the consideration 
shall be distributed as the judge shall direct, and the case dis- 
missed. Whenever a composition is not confirmed, the estate 
shall be administered in bankruptcy as herein provided. 

Sec. 13. Compositions, when Set Aside. — a The judge 
may, upon the application of parties in interest filed at any time 
within six months after a composition has been confirmed, set 
the same aside and reinstate the case if it shall be made to appear 
upon a trial that fraud was practiced in the procuring of such 
composition, and that the knowledge thereof has come to the 
petitioners since the confirmation of such composition. 



806 UNITED STATES BANKRUPTCY LAW. 

Sec. 14. Discharges, when Granted. — a Any person 
may, after the expiration of one month and within the next twelve 
months subsequent to being adjudged a bankrupt, file an appli- 
cation for a discharge in the court of bankruptcy in which the 
proceedings are pending; if it shall be made to appear to the 
judge that the bankrupt was unavoidably prevented from filing 
it within such time, it may be filed within but not after the expi- 
ration of the next six months. 

b The judge shall hear the application for a discharge and 
such proofs and pleas as may be made in opposition thereto by 
the trustee or other parties in interest, at such time as will give 
the trustee or parties in interest a reasonable opportunity to be 
fully heard, and investigate the merits of the application and 
discharge the applicant unless he has (1) committed an offense 
punishable by imprisonment as herein provided ; or (2) with 
intent to conceal his financial condition, destroyed, concealed, or 
failed to keep books of account or records from which such con- 
dition might be ascertained ; or (3) obtained money or property 
on credit upon a materially false statement in writing, made by 
him to any person or his representative for the purpose of 
obtaining credit from such person ; or (4) at any time subse- 
quent to the first day of the four months immediately preceding 
the filing of the petition transferred, removed, destroyed, or con- 
cealed, or permitted to be removed, destroyed, or concealed, any 
of his property, with intent to hinder, delay, or defraud his cred- 
itors ; or (5) in voluntary proceedings been granted a discharge 
in bankruptcy within six years ; or (6) in the course of the pro- 
ceedings in bankruptcy refused to obey any lawful order of, or 
to answer any material question approved by the court : Pro- 
vided^ That a trustee shall not interpose objections to a bank- 
rupt's discharge until he shall be authorized so to do at a meet- 
ing of creditors called for that purpose. 

c The confirmation of a composition shall discharge the 
bankrupt from his debts, other than those agreed to be paid by 
the terms of the composition and those not affected by a 
discharge. 

Sec. 15. Discharges, when Revoked. — a The judge 
may, upon the application of parties in interest who have not 
been guilty of undue laches, filed at any time within one year 
after a discharge shall have been granted, revoke it upon a trial 
if it shall be made to appear that it was obtained through the 
fraud of the bankrupt, and that the knowledge of the fraud has 



UNITED STATES BANKRUPTCY LAW. 807 

come to the petitioners since the granting of the discharge, and 
that the actual facts did not warrant the discharge. 

Sec. 16. Co-Debtors of Bankrupts. — a The liability of 
a person who is a co-debtor with, or guarantor or in any manner 
a surety for, a bankrupt shall not be altered by the discharge of 
such bankrupt. 

Sec. 17. Debts not Affected by a Discharge. — a A 
discharge in bankruptcy shall release a bankrupt from all of his 
provable debts, except such as (1) are due as a tax levied by 
the United States, the state, county, district, or municipality 
in which he resides ; (2) are liabilities for obtaining property 
by false pretences or false representations, or for willful and 
malicious injuries to the person or property of another, or for 
alimony due or to become due, or for maintenance or support of 
wife or child, or for seduction of an unmarried female, or for 
criminal conversation ; (3^) have not been duly scheduled in 
time for proof and allowance, with the name of the creditor if 
known to the bankrupt, unless such creditor had notice or actual 
knowledge of the proceedings in bankruptcy ; or (4) were 
created by his fraud, embezzlement, misappropriation, or defal- 
cation while acting as an officer or in any fiduciary capacity. 

Sec. 55. Meetings of Creditors. — a The court shall 
cause the first meeting of the creditors of a bankrupt to be held, 
not less than ten nor more than thirty days after the adjudication, 
at the county seat of the county in which the bankrupt has had 
his principal place of business, resided, or had his domicile ; or 
if that place would be manifestly inconvenient as a place of meet- 
ing for the parties in interest, or if the bankrupt is one who does 
not do business, reside, or have his domicile within the United 
States, the court shall fix a place for the meeting which is the 
most convenient for parties in interest. If such meeting should 
by any mischance not be held within such time, the court shall 
fix the date, as soon as may be thereafter, when it shall be held. 

b At the first meeting of creditors the judge or referee shall 
preside, and, before proceeding with the other business, may 
allow or disallow the claims of creditors there presented, and 
may publicly examine the bankrupt or cause him to be examined 
at the instance of any creditor. 

c The creditors shall at each meeting take such steps as may 
be pertinent and necessary for the promotion of the best interests 
of the estate and the enforcement of this act. 



808 UNITED STATES BANKRUPTCY LAW. 

d A meeting of creditors, subsequent to the first one, may be 
held at any time and place when all of the creditors who have 
secured the allowance of their claims sign a written consent to 
hold a meeting at such time and place. 

e The court shall call a meeting of creditors whenever one- 
fourth or more in number of those who have proven their claims 
shall file a written request to that effect ; if such request is signed 
by a majority of such creditors, which number represents a major- 
ity in amount of such claims, and contains a request for such 
meeting to be held at a designated place, the court shall call 
such meeting at such place within thirty days after the date of 
the filing of the request. 

/ Whenever the affairs of the estate are ready to be closed a 
final meeting of creditors shall be ordered. 

Sec. 56. Voters at Meetings of Creditors. — a Cred- 
itors shall pass upon matters submitted to them at their meetings 
by a majority vote in number and amount of claims of all cred- 
itors whose claims have been allowed and are present, except as 
herein otherwise provided. 

b Creditors holding claims which are secured or have priority 
shall not, in respect of such claims, be entitled to vote at cred- 
itors' meetings, nor shall such claims be counted in computing 
either the number of creditors or the amount of their claims, 
unless the amounts of such claims exceed the values of such 
securities or priorities, and then only for such excess. 

Sec. 57. Proof and Allowance of Claims. — a Proof 
of claims shall consist of a statement under oath, in writing, 
signed by a creditor setting forth the claim, the consideration 
therefor, and whether any, and if so what, securities are held 
therefor, and whether any, and, if so what, payments have been 
made thereon, and that the sum claimed is justly owing from the 
bankrupt to the creditor. 

b Whenever a claim is founded upon an instrument of writ- 
ing, such instrument, unless lost or destroyed, shall be filed with 
the proof of claim. If such instrument is lost or destroyed, a 
statement of such fact and of the circumstances of such loss or 
destruction shall be filed under oath with the claim. After the 
claim is allowed or disallowed, such instrument may be with- 
drawn by permission of the court, upon leaving a copy thereof 
on file with the claim. 

c Claims after being proved may, for the purpose of allow- 



UNITED STATES BANKRUPTCY LAW. 809 

ance, be filed by the claimants in the court where the proceedings 
are pending, or before the referee if the case has been referred. 

d Claims which have been duly proved shall be allowed, 
upon receipt by or upon presentation to the court, unless objec- 
tion to their allowance shall be made by parties in interest, or 
their consideration be continued for cause by the court upon its 
own motion. 

e Claims of secured creditors and those who have priority 
may be allowed to enable such creditors to participate in the 
proceedings at creditors' meetings held prior to the determination 
of the value of their securities or priorities, but shall be allowed 
for such sums only as to the courts seem to be owing over and 
above the value of their securities or priorities. 

/ Objections to claims shall be heard and determined as soon 
as the convenience of the court and the best interest of the 
estates and the claimants will permit. 

g The claims of creditors who have received preferences, 
avoidable under section sixty, subdivision b, or to whom convey- 
ances, transfers, assignments, or incumbrances, void or voidable 
under section sixty-seven, subdivision e, have been made or given, 
shall not be allowed unless such creditors shall surrender such 
preferences, conveyances, transfers, assignments, or incumbrances. 

h The value of securities held by secured creditors shall be 
determined by converting the same into money according to the 
terms of the agreement pursuant to which such securities were 
delivered to such creditors or by such creditors and the trustee, 
by agreement, arbitration, compromise, or litigation, as the court 
may direct, and the amount of such value shall be credited upon 
such claims, and a dividend shall be paid only on the unpaid 
balance. 

i Whenever a creditor, whose claim against a bankrupt estate 
is secured by the individual undertaking of any person, fails to 
prove such claim, such person may do so in the creditor's name, 
and if he discharge such undertaking in whole or in part he shall 
be subrogated to that extent to the rights of the creditor. 

j Debts owing to the United States, a state, a county, a dis- 
trict, or a municipality as a penalty or forfeiture shall not be 
allowed, except for the amount of the pecuniary loss sustained 
by the act, transaction, or proceeding out of which the penalty 
or forfeiture arose, with reasonable and actual costs occasioned 
thereby and such interest as may have accrued thereon according 
to law. 



810 UNITED STATES BANKRUPTCY LAW. 

k Claims which have been allowed may be reconsidered for 
cause and reallowed or rejected in whole or in part, according to 
the equities of the case, before but not after the estate has been 
closed. 

I Whenever a claim shall have been reconsidered and rejected, 
in whole or in part, upon which a dividend has been paid, the 
trustee may recover from the creditor the amount of the dividend 
received upon the claim if rejected in whole, or the proportional 
part thereof if rejected only in part. 

m The claim of any estate which is being administered in 
bankruptcy against any like estate may be proved by the trustee 
and allowed by the court in the same manner and upon like 
terms as the claims of other creditors. 

n Claims shall not be proved against a bankrupt estate sub- 
sequent to one year after the adjudication ; or if they are liqui- 
dated by litigation and the final judgment therein is rendered 
within thirty days before or after the expiration of such time, 
then within sixty days after the rendition of such judgment : 
Provided, that the right of infants and insane persons without 
guardians, without notice of the proceedings, may continue six 
months longer. 

Sec. 58. Notices to Creditors. — a Creditors shall have 
at least ten days' notice by mail, to their respective addresses as 
they appear in the list of creditors of the bankrupt, or as after- 
wards filed with the papers in the case by the creditors, unless 
they waive notice in writing, of (1) all examinations of the 
bankrupt; (2) all hearings upon applications for the confir- 
mation of compositions ; (3) all meetings of creditors ; (4) all 
proposed sales of property ; (5) the declaration and time of pay- 
ment of dividends ; (6) the filing of the final accounts of the 
trustee, and the time when and the place where they will be 
examined and passed upon; (7) the proposed compromise of 
any controversy ; (8) the proposed dismissal of the proceedings, 
and (9) there shall be thirty days' notice of all applications for 
the discharge of bankrupts. 

b Notice to creditors of the first meeting shall be published 
at least once and may be published such number of additional 
times as the court may direct ; the last publication shall be at 
least one week prior to the date fixed for the meeting. Other 
notices may be published as the court shall direct. 

e All notices shall be given by the referee, unless otherwise 
ordered by the judge. 



UNITED STATES BANKRUPTCY LAW. 811 

Sec. 59. Who May File and Dismiss Petitions. — a 
Any qualified person may file a petition to be adjudged a volun- 
tary bankrupt. 

b Three or more creditors who have provable claims against 
any person which amount in the aggregate, in excess of the 
value of securities held by them, if any, to five hundred dollars 
or over ; or if all of the creditors of such person are less than 
twelve in number, then one of such creditors whose claim equals 
such amount may file a petition to have him adjudged a bankrupt. 

c Petitions shall be filed in duplicate, one copy for the clerk 
and one for service on the bankrupt. 

d If it be averred in the petition that the creditors of the 
bankrupt are less than twelve in number, and less than three 
creditors have joined as petitioners therein, and the answer avers 
the existence of a larger number of creditors, there shall be filed 
with the answer a list under oath of all the creditors, with their 
addresses, and thereupon the court shall cause all such creditors 
to be notified of the pendency of such petition and shall delay 
the hearing upon such petition for a reasonable time, to the end 
that parties in interest shall have an opportunity to be heard ; if 
upon such hearing it shall appear that a sufficient number have 
joined in such petition, or if prior to or during such hearing a 
sufficient number shall join therein, the case may be proceeded 
with, but otherwise it shall be dismissed. 

e In computing the number of creditors of a bankrupt for 
the purpose of determining how many creditors must join in the 
petition, such creditors as were employed by him at the time of 
the filing of the petition or are related to him by consanguinity 
or affinity within the third degree, as determined by the common 
law, and have not joined in the petition shall not be counted. 

/ Creditors other than original petitioners may at any time 
enter their appearance and join in the petition, or file an answer 
and be heard in opposition to the prayer of the petition. 

g A voluntary or involuntary petition shall not be dismissed 
by the petitioner or petitioners or for want of prosecution or by 
consent of parties until after notice to the creditors, and to that 
end the court shall, before entertaining an application for dismissal, 
require the bankrupt to file a list, under oath, of all his creditors, 
with their addresses, and shall cause notice to be sent to all such 
creditors of the pendency of such application, and shall delay the 
hearing thereon for a reasonable time to allow all creditors and 
parties in interest opportunity to be heard. 

Sec. 60. Preferred Creditors. — a A person shall be 



812 UNITED STATES BANKRUPTCY LAW. 

deemed to have given a preference if, being insolvent, he has, 
within four months before the filing of the petition, or after the 
filing of the petition and before the adjudication, procured or 
suffered a judgment to be entered against himself in favor of any 
person, or made a transfer of any of his property, and the effect 
of the enforcement of such judgment or transfer will be to enable 
any one of his creditors to obtain a greater 'percentage of his 
debt than any other of such creditors of the same class. Where 
the preference consists in a transfer, such period of four months 
shall not expire until four months after the date of the recording 
or registering of the transfer, if by law such recording or regis- 
tering is required. 

b If a bankrupt shall have procured or suffered a judgment 
to be entered against him in favor of any person or have made a 
transfer of any of his property, and if, at the time of the trans- 
fer, or of the entry of the judgment, or of the recording or regis- 
tering of the transfer if by law recording or registering thereof 
is required, and being within four months before the filing of the 
petition in bankruptcy or after the filing thereof and before the 
adjudication, the bankrupt be insolvent and the judgment or 
transfer then operate as a preference, and the person receiving it 
or to be benefited thereby, or his agent acting therein, shall then 
have reasonable cause to believe that the enforcement of such 
judgment or transfer would effect a preference, it shall be void- 
able by the trustee and he may recover the property or its value 
from such person. And for the purpose of such recovery any 
court of bankruptcy, as hereinbefore defined, and any state court 
which would have had jurisdiction if bankruptcy had not inter- 
vened, shall have concurrent jurisdiction. 

o If a creditor has been preferred, and afterwards in good 
faith gives the debtor further credit without security of any kind 
for property which becomes a part of the debtor's estates, the 
amount of such new credit remaining unpaid at the time of the 
adjudication in bankruptcy may be set off against the amount 
which would otherwise be recoverable from him. 

d If the debtor shall, directly or indirectly, in contemplation 
of the filing of a petition by or against him, pay money or transfer 
property to an attorney and counselor at law, solicitor in equity, 
or proctor in admiralty for services to be rendered, the transac- 
tion shall be re-examined by the court on petition of the trustee 
or any creditor and shall only be held valid to the extent of a 
reasonable amount to be determined by the court, and the excess 
may be recovered by the trustee for the benefit of the estate. 



RULES OF THE PROBATE COURTS. 813 



CHAPTER CXVIIL 



RULES OF THE PROBATE COURTS. 
I. 

Any party may appear in the probate court, in person or by 
an attorney authorized to practice in the courts of this state, or 
by a person authorized by writing, filed in said court for that 
purpose. A person so appearing for another or the party him- 
self shall file with the register a writing giving his name, resi- 
dence, the matter in which, and the name of the person or persons 
for whom he appears, and such writing shall be entered on the 
docket, or the appearance of such person or party may be endorsed 
on the back of the petition or other paper in the matter upon 
which he desires to be heard. 

II. 

If a party shall change his attorney pending any proceeding, 
the name of the new attorney shall be substituted on the docket 
for that of the former attorney and notice thereof given to the 
adverse party ; and until such notice or change, all notices given 
to or by the attorney first appointed shall be considered in all 
respects as notice to or from his client, except in cases in which 
by law a notice is required to be given to the party personally ; 
provided, however, that nothing in these rules shall be construed 
to prevent any party interested from appearing for himself, in the 
manner provided by law, and in such case the party so appearing 
shall be subject to the same rules that are or may be provided 
for attorneys in like cases, so far as the same are applicable. 

III. 

When the authority of an attorney at law to appear for any 
party shall be demanded, if the attorney shall declare that he 
has been duly authorized to appear by an application made 
directly to him by such party or by some person whom he believes 
to have been authorized to employ him, such declaration shall 
be deemed and taken to be evidence of authority to appear, and 
prosecute or defend in any proceeding in said court. 



814 RULES OF THE PROBATE COURTS. 

IV. 

Petitions and other matters upon which notice has been ordered 
will not be acted upon until after the return hour, which is usu- 
ally ten o'clock A. M. 

V. 

Approved blanks will be furnished by the register, and must 
be used in all proceedings to which they are applicable. 

VI. 

Notice will not be ordered on any petition, report or account, 
unless actually filed in court. 

VII. 

The names of attorneys presenting petitions and accounts 
should be endorsed thereon to secure the prompt issuing of 
notices, etc., and facilitate the business of the court. 

VIII. 

Petitions to sell real estate or personal property, or for allow- 
ances to widows or minor children will not be granted, unless 
the inventory in that estate has been duly filed in court. 

IX. 

Petitions to sell real estate for the payment of debts, etc., 
except where the amount has been ascertained by the settlement 
of an account or the report of commissioners of insolvency must 
be accompanied with a list, under oath, of the debts (and lega- 
cies, if any,) due from the estate, and the amount of the expense 
of administration up to the time of the application. 

X. 

Representations of insolvency should be accompanied with a 
statement, under oath, of the amount so far as can be ascertained, 
of the debts due from the estate, and of the amount of the real 
and personal property. 

XI. 

The court may require the appointment of a guardian for 
minors in cases in which they are interested, before an account 
is settled, an allowance made to the widow, or license granted to 
sell real estate. 



RULES OF THE PROBATE COURTS. 815 

XII. 

Accounts presented for order of notice, or examination, should 
be fully stated before they are presented. 

XIII. 

Whenever it shall appear that a minor is interested in any 
matter pending, a guardian ad litem for such minor may be 
appointed by the court with or without notice. 

XIV. 

The court may refuse to hear any cause or matter, or allow 
any account until the fees and charges of the register shall be 
paid. 

XV. 

When a surety company is offered as surety on probate bonds, 
a statement of the charge therefor must be filed in court. 

XVI. 

The signature of principals and sureties to all probate bonds 
should be witnessed. 

XVII. 

Sureties on the bonds of administrators, executors, guardians 
or trustees, will not be appointed appraisers or commissioners on 
the same estate, nor will any person who is related to the admin- 
istrator, executor, guardian, trustee or heirs at law within the 
sixth degree be appointed to either of said trusts. Christian 
names and residences of principals and sureties on bonds and of 
appraisers and commissioners should be fully stated. 

XVIII. 

Any petition addressed to the court may be amended in mat- 
ter of form under the direction of the court, when the rights of 
parties will not be affected. 

XIX. 

In all cases where license is granted to sell real estate a copy 
of the description contained in the petition shall be inserted 
therein ; or the license shall show that the real estate to be sold 
is the same described in the petition upon which it was issued, 
and in the latter case a certified copy of said description shall 
accompany the license. 



816 RULES OF THE PROBATE COURTS. 

XX. 

All official communications relating to cases and business in 
court should be addressed to the register of probate to avoid 
delay. 

XXI. 

Parties not familiar with the proceedings in the probate court 
are expected to secure assistance of competent counsellors. 

Neither the judge nor register can advise in matters coming 
before the court. 

XXII. 

No person entitled by law to administer an estate shall be 
appointed within thirty days after the death of the decedent 
without consent of all other persons so entitled who are resident 
in this state. 

XXIII. 

The judges of probate may order notices on all petitions and 
other matters presented to their several courts. 

XXIV. 

Letters testamentary or of administration with the will annexed 
and bonds in cases of nuncupative or lost wills are to follow the 
general form of letters testamentary and of administrations with 
the will annexed and bonds prescribed in other cases of testate 
estates. 

XXV. 

All depositions shall be opened and filed by the register at 
the term for which they were taken ; and if the matters in which 
they are to be used shall be continued such depositions shall 
remain on file and be open to all objections when offered at the 
trial or hearing as at the return term, and all depositions shall 
remain on file at least fourteen days; the party producing a 
deposition may then withdraw it by leave of court, in which 
case it shall not be used by either party. 

XXVI. 

When written evidence is in the hands of an adverse party 
no evidence of its contents shall be admitted unless previous 
notice to produce it on trial or hearing, shall have been given to 
such adverse party, or his attorney, and comments by counsel 
upon a refusal to produce it will not be allowed without first 
proving such notice. 



RULES OF THE PROBATE COURTS. 817 

XXVII. 

In cases of contested wills and accounts, on motion of the pro- 
ponent or accountant, the party objecting may be required to 
file specifications of the grounds of the objection before the day 
of hearing, but amendments thereto may be filed by leave of the 
court, upon such terms as may be deemed reasonable, but not 
without granting a continuance, if requested by the proponent or 
accountant, and in such cases the hearing shall be confined to 
the grounds of objection specified. 

XXVIII. 

In cases of license to sell real estate at private sale or to 
exchange real estate, a certificate, under oath, of such sale or 
exchange should be filed within thirty days, showing the amount 
received or the real estate taken in exchange, and the person to 
whom sold or with whom exchanged. 



CHAPTER CXIX. 



ADMINISTRATION. 

Upon the death of any person intestate, the judge of probate 
having jurisdiction shall grant administration of such intestates' 
goods or estate to the widow, husband, next of kin, or husband 
of the daughter of the deceased, or to two or more of them, as 
he thinks fit, if the applicants are more than twenty-one years 
old and are in other respects qualified for the trust, but if 
unsuitable, or being residents in the county, they after due 
notice neglect or refuse for thirty days from the death of the 
intestate to take out letters of administration, he may commit 
administration on such estate to such person as he deems suit- 
able. R. S. c. 66, § 18. 

No administration shall be granted on the estate of any intes- 
tate deceased person, unless it appears to the judge that he left 
personal estate to the amount of at least twenty dollars, or owed 
debts to that amount, and left real estate of that value ; and 
when no administration is granted for want of such estate, the 
personal property of the deceased becomes the property of the 
52 



818 ADMINISTRATION. 

widow, or, if none, of the next of kin, who are not, in such case, 
chargeable as executors in their own wrong. After twenty years 
from the death of any person, no probate of his last will, or 
administration on his estate shall be originally granted except as 
provided in the following section, unless it appears that there 
are moneys due to said estate from the State of Maine or the 
United States ; but this does not apply to foreign wills previ- 
ously proved and allowed in another state or country. R. S. c. 
66, § 1. 

When administration has not been taken on the estate of an 
intestate within twenty years after the death of such intestate, 
and thereafter any property of at least twenty dollars in value, 
accrues to said estate, or belonging thereto, first comes to the 
knowledge of any person interested in said estate, original 
administration may be granted on such property, at any time 
within two years next after it so accrued or first became known, 
but such administration shall affect no other property and shall 
not revive debts due to or by said intestate. R. S. c. 66, § 2. 

No will is effectual to pass real or personal estate, unless 
proved and allowed in the probate court. Its probate by that 
court is conclusive proof of its execution. R. S. c. 76, § 15. 

Whoever willfully suppresses, secretes, defaces or destroys 
any last will and testament of a deceased person, in his posses- 
sion or under his control, with intent to injure or defraud any 
person interested therein shall be punished by fine not exceeding 
one thousand dollars, and imprisonment for less than one year. 
R. S. c. 127, § 13. 

Whoever has the custody of a will, shall, after the testator's 
death, deliver it into the probate court having jurisdiction thereof, 
or to the executor therein named; and any executor, having 
such will in his custody, shall file it in such court. If such 
executor or other person, having been duly cited for that pur- 
pose, neglects so to do, without reasonable cause, for thirty days 
after notice of the testator's death, he may be committed to jail 
by the judge's warrant, there to be kept in close custody, until 
he so delivers the will, or is released by the judge or otherwise 
by order of law ; and he is also liable to any party for the dam- 
age which he has sustained by such neglect. R. S. c. 66, § 4. 

The mode of ascertaining the degree of kindred between per- 
sons related to each other, is, by counting backward from one of 
the parties to the common ancestor, thence downward to the 
other, as may be seen by the following table of consanguinity. 



ADMINISTRATION. 



819 



TABLE OF CONSANGUINITY. 





4 

great great 
grand father. 




















3 

ajreat grand 
father. 




5 

great great 
uncle. 




























2 
grand 
father. 




4 

great 
uncle. 




6 
























father. 




3 
uncle. 




6 

great uncle's? 
son. 




7 
























person 
deceased. 




2 
brother. 


4 

cousin. 


6 

second 
cousin. 




8 




















1 

son. 




3 

nephew. 


5 
son of 
cousin. 


7 




9 














1 


2 

grand 

son. 




4 


G 


8 




10 












1 1 


3 

great grand 

son. 




5 


7 


9 




11 



Form of Will. 

Be it remembered that I, , of , in the county of , in the state 

of , being of sound and disposing mind and memory, but mindful of the 

uncertainty of this life, do make, publish and declare this my last will and 
testament, hereby revoking all former wills by me made. 

After the payment of my just debts, funeral charges and expenses of 
administration, I dispose of my estate, as follows : 

First. I give and bequeath to my beloved wife Sarah J. , all my 

household furniture, one black mare, one phaeton and my best harness, and 
the sum of dollars. 

Second. I give and bequeath to my son John H. , the sum of dol- 
lars. 



820 ADMINISTKATION. 

Third. I give and bequeath to my daughter Jane L. , the sum of 

dollars. 

Fourth. I give and devise the house and lot appertaining thereto, situ- 
ated in , to my daughter Amelia T. . 

Fifth. I give and bequeath to my son William F. , the sum of one 

dollar. 

Sixth. I give, devise and bequeath, all the rest, residue and remainder of 
my estate, real, personal and mixed, wherever found and however situated, 

to my said beloved wife Sarah J. , and I hereby appoint my said son 

John H. , sole executor of this my last will and testament. 

[If desired add — and I request that the said John H. shall not be 

required to give bond.] 

In testimony whereof, I hereunto set my hand and seal, and declare this 

to be my last will and testament, this day of , in the year one 

thousand nine hundred and . 

. [Seal.] 

Signed, sealed, published and declared by the above named as and 

for h last will and testament in the presence of us who, at h request, in 
h presence, and in the presence of each other, hereto subscribe our names 
as witnesses thereto, on this day of , A, D. 19 — . 

No person under the age of twenty-one years (except a married 
woman) or of unsound mind can make a will. A will does not 
require any seal. No person who is to receive anything under a 
will, and no husband or wife of any such person, should be a 
witness to such will. But a person is not rendered incompetent 
as witness to a will by the fact that he is named therein as execu- 
tor. If the testator is unable to sign the will, his signature may 
be written for him by some other person "at his request and in 
his presence." 

The words "give and bequeath" should be used to designate 
personal estate, "give and devise" for real estate and "give, devise 
and bequeath" for personal and real estate together. 

A child, or the issue of a deceased child not having any devise 
in the will, takes the share of the testator's estate, which he 
would have taken if no will had been made, unless it appears 
that such omission was intentional, or was not occasioned by mis- 
take, or that such child, or issue had a due proportion of the 
estate during the life of the testator. R. S. c. 76, § 9. 

Intention to omit may be shown by parol evidence. 80 Me. 299. 

If intention is to disinherit such child or issue it is advisable 
to make a bequest to him of one dollar or other small sum of 
money or to state in the will that such son or issue is intention- 
ally omitted. 



ADMINISTRATION. 821 

When a relative of the testator, having a devise of real or per- 
sonal estate, dies before the testator, leaving lineal descendants, 
they take such estate as would have been taken by such deceased 
relative if he had survived. R. S. c. 76, § 10. 

Husband not relative of wife. 80 Me. 290. 

Mother not lineal descendant of son. 82 Me. 230. 

Relative means one connected by blood not by marriage. 83 
Me. 197. 

Form of Devise to a Wife in Lieu of Her Right by Descent. 

Also, I devise to my wife, R. B., the house in which I now live, and the 
building appurtenant to the same, and the following described tract of land, 
etc. To have and to hold to her, the said R. B., for the term of her natural 
life, in lieu arjd in full satisfaction of her right and interest by descent in 
and out of all the lands and tenements whereof I shall die seized [or of all 
her right and interest by descent in any and all lands and tenements whereof 
I now am, and have been, or hereafter shall be seized, during my marriage to 
my said wife]. 

Form of a Codicil. 

I, A. B., of , do make, publish, and declare this writing to be a codicil 

to my last will and testament to be annexed to and taken and allowed as a 
part thereof. I give to my niece, M. E., one gold watch. I give to my 
nephew, I. G., the two shares of Cumberland Bank stock which are owned 
by me. 

In testimony whereof, I hereunto set my hand and seal, and declare this 

to be a codicil to my last will and testament this day of , in the 

year one thousand nine hundred and . 

A. B. 

Signed, sealed, published and declared by the above named A. B., as a 
codicil to be annexed to his last will and testament, in presence of us, who, 
at his request, in his presence and in the presence of each other, hereto sub- 
scribe our names as witness thereto on this day of , A. D. 19 — . 



R. 


S. 


W. 


T. 


Y. 


H. 



Form of a Nuncupative Will. 

The last will and testament of , in the county of - 

declared by him by word of mouth, in the time of the last sickness of the 
deceased, and in his usual dwelling [or at the dwelling of A. B., in C, where 
he was suddenly taken sick from home and died before returning, as the case 

may be] on the day of , in the presence of us, who at the time of 

pronouncing the same, were requested by the testator to bear witness that 
such was his will, and who have subscribed our names as witness thereto. 
My willis, that [here insert the very ivords]. 



822 ADMINISTRATION. 

In witness whereof, we have hereunto set our hands, the day of , 

A. D. 19— . 

A. B. 
C. D. 
E. F. 

An administrator or executor should protect all the interests 
of the estate he represents. If the estate is solvent, he is the 
agent or trustee of the heirs ; if insolvent, of the creditors as well. 
Negligence and delay in settling estates prove detrimental to the 
interest of the heirs and creditors. 

1. He should therefore cause the inventory to be immediately 
taken. 

2. He should cause the widow's allowance of personal estate 
to be obtained. 

3. He should (if the heirs do not take the personal estate at 
the appraised value) obtain a license to sell it, and sell the same 
to the best advantage. 

4. He should be vigilant in collecting all debts due the 
estate, and in ascertaining all debts against the estate. 

5. If the estate is solvent he should pay all debts so soon as 
he has funds. All pecuniary legacies are payable in one year 
after the death of the testator, unless otherwise provided in the 
will. Interest is to be allowed from the time the legacy becomes 
payable. 

6. If the estate is insolvent, he should apply for license to 
sell the real estate, file a petition, and obtain an order of notice. 
At this time he must exhibit an accurate list of all the outstand- 
ing debts, and an estimate of all the expenses of administration, 
and the amount of all the available funds due the estate. 

7. If the estate is insolvent, the administrator should apply 
for a commission of insolvency, and procure license to sell all 
the real estate. He must see that the report of the commis- 
sioners is completed and duly returned, and that the order of 
notice is taken out and published. 

Administrator and executor should be cautious in paying 
legacies or turning property over to the heirs before the exact 
condition of the estate is known, as frequently debts and claims 
against the estate are presented, of which the heirs have no 
information, and unless the administrator has protected himself 
by taking a bond from the persons to whom he so pays, or by 
protecting himself in some other way, he may be subjected to 
personal loss through the inability of such persons to refund the 
sums received. 



APPENDIX. 823 



APPENDIX. 



MISCELLANEOUS FORMS. 



CO-PARTNERSHIP. 
Form of Agreement of Co-partnership. 

A. B., of , and C. D., of , agree as follows: The parties agree to 

become partners for the purpose of buying and selling such goods as are 

usually kept for sale or purchased at a retail store, in the town of , for 

five years from this date under the firm name of . 

Said parties have each contributed one thousand dollars as the capital 
stock of said firm. [Or as the case may be.] 

All profits shall be equally divided; and all expenses of the business, and 
all losses, shall be equally borne in common. 

Both parties shall give all their time and attention to the business of said 
firm for the common benefit; and neither party shall engage in any trade 
or business for his private advantage. 

Correct books of account shall be kept, which shall always be open to 
the inspection of both parties, or their legal representatives, in which shall 
be regularly entered all moneys received and paid, and all purchases, sales, 
transactions, and accounts relating to the business of said firm. 

An account of stock shall be taken and the accounts between the said 
partners shall be settled as often as once in every year, and oftener if 
requested in writing by either party. 

Neither of the said parties shall become surety for any person, or bind 
the firm for surety, in any case, without the written consent of the other. 

No money or other property shall be withdrawn by either party, or 
applied to his own use, except with the written consent of the other party; 
and in every such case the same shall be charged, and his share of profits 
reduced in proportion to the amount withdrawn [or each partner may draw 
the sum of dollars every month, in money or in goods at cost]. 

At the close of the partnership, the stock, property, and debts shall be 
equally divided, after paying the debts and liabilities of the firm. 

Witness our hands and seals this day of , A. D. 19 — . 

Signed, sealed and delivered A. B. [Seal. J 

in the presence of . C. D. [Seal.] 



824 APPENDIX. 

Form of Agreement to Continue a Partnership to Be Written, 
upon the Original Agreement of Co-partnership. 

We, the within-named A. B. and C. D., do, by these presents, declare and 
mutually covenant and agree unto and with each other, his and their 
executors, administrators, and assigns, to continue the joint trade and 

partnership within mentioned for the further term of years, from the 

day of , 19 — , with all the provisions and restrictions herein con- 
tained. 

In witness whereof we have hereunto set our hands and seals this 

day of , A. D. 19—. 

Signed, sealed and witnessed 
in the presence of . 

Form of a Dissolution of Co-partnership. 

A. B., of , and C. D., of , agree as follows: The partnership exist- 
ing between said parties, under the firm name of , is dissolved. Said 

A. B., in consideration of dollars paid to him by said C. D., grants and 

assigns to said C. D., all his interest and right in all the goods and stock of 
said firm, and in all the debts and demands due said firm, with full power 
to the said C. D. to collect them by suit or otherwise in the name of said 
A. B. and for his own use. 

Said A. B. agrees that he will not do any act by which said C. D. may be 
delayed or hindered from collecting any of said debts or demands; and that 
he will, on request, execute any proper instrument for enabling said C. D. 
to collect the same. 

Said C. D. agrees to pay all debts and demands existing against said firm, 
and to indemnify and save harmless the said A. B. from any loss, cost, 
damage or expense to which he may be subject by reason of the same. 

Witness our hands and seals, the day of , 19 — . 

Signed, sealed and delivered A. B. [Seal.] 

in the presence of . C. D. [Seal.] 

Form of Notice on Dissolution of Co-partnership. 

Notice is hereby given that the partnership lately subsisting between 

A. B. and C. D., both of , under the firm name of , expired on 

[or was dissolved on , by mutual consent]. All debts due the said part- 
nership are to be paid to said A. B., and all demands against the said part- 
nership are to be presented to him for payment [or A. B. is authorized to 
settle all debts due to and by the said company]. 

Form of Notice Where Only One Partner Leaves the Firm. 

Notice is hereby given that E. F. has this day withdrawn from the part- 
nership heretofore existing between A. B., C. D. and the said E. F. under 

the firm name of . All debts due the said partnership are to be paid, 

and all accounts against the same will be discharged, at the place of busi- 



APPENDIX. 825 

ness of the late firm in , where the business will be continued by the 

said A. B. and C. D. under the firm name of B. and D. 
Dated at , this day of , 19 — . 

(Note : It is proper to publish a notice immediately after a 
dissolution of a partnership, for the information of the public at 
large, and to send a special notice to all persons who had deal- 
ings with the company.) 

Form of Limited Partnership in Maine. 

Persons forming such partnership, shall sign a certificate as 
follows : 
Notice is hereby given that the subscribers have formed a partnership 

under the firm name of W. & R. ; that Gr. W., of , and C. R., of , are 

general partners, and T. A., of , is special partner. The business to be 

conducted by said firm in the city of is a general commission and for- 
warding business, and the said special partner has contributed to the com- 
mon stock of said partnership the sum of dollars. 

Said partnership commences on and is to terminate on . 

Dated at , this day of , 19 — . 

G. W. 
C. R. 
T. A. 

(Note : The above certificate must be acknowledged by all 
the parties, and recorded in the registry of deeds of each county 
where such partnership is. to have an established place of business 
and after such registry, published in a newspaper printed in the 
county where the principal place of business is.) 

Form of Administrator's Deed. 

Know all men by these presents, that I, A. B., of , in the county of 

, in the state of , administrator of the estate of C. D., late of , 

deceased, intestate, having obtained a license from the judge of the probate 

court in and for the county of , at a term of said court begun and holden 

at , in and for said county, on the day of , A. D. 19 — , to sell 

and convey so much of the real estate of said deceased as will produce the 

sum of dollars [or the whole of the real estate of said deceased, because 

the residue would be greatly depreciated by a sale of any portion thereof], and 
having given public notice of the intended sale, by causing an advertisement 

thereof to be published three weeks successively in the newspaper, 

published at , in said county, agreeably to the order of said court, the 

first publication whereof was thirty days, at least, before the said sale, and 
having given the bond required by law before fixing upon the time and 

place of such sale, did on the day of , A. D. 19 — , pursuant to the 

license and notice aforesaid, sell at public auction, the real estate of the 
said C. D., hereinafter described, to E. F., of , etc., for the sum of 



826 APPENDIX. 

dollars, he being the highest bidder therefor. Now, therefore, I, the said 
A. B., by virtue of the power and authority in me vested as aforesaid, and 

in consideration of the said sum of dollars, to me paid by the said 

E. F., the receipt whereof is hereby acknowledged, do hereby sell, and con- 
vey to said E. F., his heirs and assigns, the following described lot or parcel 
of land [insert a description of the land], to have and to hold the aforegranted 
and bargained premises with all privileges and appurtenances thereof to 
him, the said E. F., and his heirs and assigns forever. And I, the said A. B., 
in my capacity of administrator as aforesaid, do hereby covenant with the 
said E. F., his heirs and assigns, that I am the legal administrator of said 
estate; that I have conformed to all the requirements of law in obtaining 
license, giving bond and making sale as aforesaid; and that I have good 
right and lawful authority to sell and convey said real estate as aforesaid. 

In witness whereof, I, A. B., in my said capacity of administrator as afore- 
said have hereunto set my hand and seal this day of , 19 — . 

Signed, sealed and delivered 

in presence of . 

A. B., Administrator of . [Seal.] 

State of Maine. 

, ss. [Date.] 

Personally appeared the above named and acknowledged the fore- 
going instrument to be his free act and deed. 
Before me, 

, Justice of the Peace. 

(Note: Administrators should preserve all the evidence of 
having advertised and sold the estate.) ■ 

Form of Deed by Guardian of Minors. 

Know all men by these presents, that I, A. B., of , guardian of C. D. 

and E. F., minor children of G., having obtained a license from the judge 

of the probate court in and for the county of , at a term of said court 

holden at , in and for said county, on the day of , A. D. 19 — , 

to sell and convey the real estate of said minors and having given public 
notice of such intended sale, by causing an advertisement thereof to be 
published three weeks successively, the first publication being thirty days 

at least before said sale, in the newspaper, published in , in said 

county, pursuant to the order of said court; and having given the bond 
required by law before fixing the time and place of such sale, did, on the 

day of , A. D. 19 — , by authority of and pursuant to the license 

and notice aforesaid, sell at public auction the real estate hereinafter 

described, to L. W., of , for the sum of dollars, he being the 

highest bidder therefor. 

Now therefore I, the said A. B., by virtue of the power and authority in 
me vested as aforesaid, and in consideration of the said sum of dollars 



APPENDIX. 827 

paid by the said L. W., the receipt whereof is hereby acknowledged, do 
hereby sell and convey unto the said L. W., his heirs and assigns, the fol- 
lowing described lot or parcel of land, viz: [give description of the land]. 
[The remainder same as deed of administrator, proper changes being made.] 

DEPOSITIONS. 
Form of Summons to Deponent. 



ss. 



To G. D., of , in the county of , 

GREETING. 

Whereas, A. B., of , in the county of , has requested that your 

deposition be taken, to be used in an action now pending between him and 

E. F., of , in the county of , and the , of , in the town of 

, and the day of , A. D. 19 — , at of the clock in the 

noon, are the place and time appointed therefor; you are therefore required, 
in the name of the State of Maine, then and there to appear, to testify what 
you know relating to said action. 

Dated this day of , A. D. 19—. 

G. H., Justice of the Peace. 

Form of Citation to the Adverse Party. 



To , of , in the county of , 

GREETING. 

Whereas, A. B., of , has requested that the deposition of C. D., of 

, may be taken to be used in an action of , pending between you 

and the said A. B., and the of , in , and the day of , 

A. D. 19 — , at of the clock in the noon, are the place and time 

appointed therefor; you are hereby notified to be present and put such 
questions as you think fit. 

Dated this day of , A. D. 19—. 

E. F., Justice of the Peace. 

Form of a Caption of a Deposition. 

State of Maine. 

County of , ss. 

On this day of , A. D. 19—, the within named deponent person- 
ally appearing before me, at , in said county, was first sworn by me, 

according to law, to testify the truth, the whole truth, and nothing but the 
truth, relating to the cause or matter for which his written deposition was 
to be taken; and then being examined on interrogatories, according to law, 
gave on oath the within deposition, which was written by , a disinter- 
ested person, in the presence and under the direction of myself; and after 

the same deposition had been carefully read said deponent, it was then 

subscribed by him in my presence. 



828 APPENDIX. 

Said deposition was taken at the request of the , the adverse party 

was notified to attend and did attend its taking; the cause in which it 

is to be used is an action of in which plaintiff , and defend- 
ant , which is now pending in the court, within and for the county 

of , in said state, and is to be tried in said court, at its term to be 

holden at , within and for said county of , on the day of , 

A. D. 19—. 

The cause of taking said deposition is , and the fees for it as below 

stated. 

Witness my hand and seal at said , the day and year first above named. 

Fees. — Magistrate's, $ 

Deponent's, 

For service of Notifications, 

Gr. H., Justice of the Peace. 

The law requires that the deponent must be sworn before giv- 
ing his deposition. 

When any person wishes to perpetuate the testimony of a wit- 
ness, he shall make a statement in writing under oath, briefly 
setting forth in substance his title, interest or claim in the sub- 
ject to which the desired testimony relates, the names of all per- 
sons supposed to be interested therein, and the name of each 
witness proposed to be examined ; and shall deliver the statement 
to a judge or register of probate, notary public, clerk of the 
supreme judicial court, or justice of the peace, requesting him to 
take the deposition of such witness ; and he shall thereupon cause 
notice to be given, of the time and place for taking such deposi- 
tion, to all persons so named in the statement, which may be 
given and proved as in case of other depositions. R. S. c. 109, 
§22. 

The deponent shall be sworn and examined, and the deposition 
written, read and subscribed, as other depositions ; and the per- 
son taking it shall annex to it a like certificate, as nearly as the 
case will admit, and also state therein that it was taken in per- 
petual remembrance of the thing, and the name of the person at 
whose request it was taken, and of all who were notified, and all 
who attended. R. S. c. 109, § 23. 

The statement, deposition and certificate, shall within ninety 
days after the taking, be recorded in the registry of deeds in the 
county where the land or any part of it lies, if the deposition 
relates to real estate ; if not, in the county where the parties or 
some of them reside. R. S. c. 109, § 24. 



APPENDIX. 829 

Form of Statement. 

To A. B., justice of the peace and quorum in the county of , in the 

State of Maine: 

C. D., of , in the county of , in said state, respectfully makes the 

following statement, to wit: [here set forth, in substance, his title, interest, 
or claim, in or to the subject to which the desired testimony relates, and the 
names of all persons who are supposed to be interested therein; and also the 
name of each witness proper to be examined] ; wherefore he prays that notice 

shall be given to said , , , persons named as aforesaid, that the 

depositions of said , , , may be taken before you, in relation to 

the premises, to be preserved in perpetual remembrance. 

C. D. 

, ss. , A. D. 19—. 



Personally appeared C. D., and made oath that the foregoing statement 
by him subscribed is true. 
Before me, 

J. K., Justice of the Peace. 

Form of Notice. 



ss. 



To , of , in the county of , 

GREETING. 

You are hereby notified that the deposition of will be taken before 

A. B., justice of the peace and quorum [or a notary public], in the county of 

, relative to [here state the matter to which the deposition relates] ; to be 

preserved in perpetual remembrance of the thing ; and the office of 

, in , and the day of , at o'clock in the noon, are 

appointed as the time and place for said deponent to testify what he knows 
relating to said matter. 

Given under my hand and seal, this day of , A. D. 19 — . 

A. B., Justice of the Peace and Quorum. 

(Note : There should be a return and affidavit of service of 
notice.) 

Form of Certificate Annexed to Deposition. 

, ss. , , A. D. 19—. 

I certify that the annexed deposition was taken by me, A. B., justice of 

the peace and quorum in said county of , at my office in , in said 

county, on the day of , 19 — , at — o'clock in the noon, at the 

request of , to be preserved in perpetual remembrance. And I duly 

notified , , who were present [or not, as the case may be]. Said 

deposition was reduced to writing by me, was read to and subscribed by 
the deponent in my presence, the said deponent having first made oath that 
he would testify to the truth, the whole truth, and nothing but the truth, 
relative to the matters for which his said deposition was to be taken. 

A. B., Justice of the Peace and Quorum. 



830 APPENDIX. 

Form of Demand Annexed to Submission to Referees. 

A. B., of , demands against C. D., of , the sum of forty-five dol- 
lars, being the price of one yoke of oxen, sold and delivered by said A. B. 
to said C. D. [07- the amount of the account hereto annexed]. 

Form of Notice by Chairman of Referees. 
To A. B., of : 

I have appointed the day of , at o'clock in the noon, at 

the office of , in , county of , as the time and place for hearing 

the parties in the case submitted to us by C. D. and yourself. 

Dated, . E. T. 

Form of Arbitration Bond. 

Know all men by these presents, that I, A. B., of , as principal, and 

E. F. and Gr. H., of , as sureties, are held and firmly bound to C. D., of 

, in the sum of dollars, to be paid to said C. D., to which payment 

we bind ourselves and our heirs, administrators and executors firmly by 
these presents. 

Sealed with our seals this day of , 19 — . 

The condition of this obligation is, that if said A. B. shall perform the 
award of , referees mutually chosen to adjudge and determine concern- 
ing all demands existing between the parties, so far as said award is made 
in writing, then this obligation shall be void; otherwise to remain in full 

force. 

A. B. [Seal.] 

E. F. [Seal.] 
G. H. [Seal.] 
Form of Award. 

The referees named in the annexed agreement, having given to the 
parties due notice of the time and place of hearing, and having heard, 
examined, and considered the allegations, evidence, and witnesses of both 
parties, do award that the said A. B. recover of the said C. D. the sum of 

dollars, and cost of reference, taxed at dollars. 

E. F., 1 

L. M., > Beferees. 
J. R., ) 
Form of Bill of Sale. 

Know all men by these presents, that , in consideration of dol- 
lars, paid by , the receipt whereof is hereby acknowledged, do hereby 

grant, sell, transfer and deliver, unto the said , the following goods and 

chattels, namely: 

To have and to hold all and singular the said goods and chattels to the 

said and executors, administrators and assigns, to their own use 

and behoof forever. 

And hereby covenant with the said that the lawful owner 

of the said goods and chattels; that they are free from all incumbrances 



APPENDIX. 831 

that have good right to sell the same as aforesaid; and that 

will warrant and defend the same unto , the said , heirs, executors, 

administrators or assigns, against the lawful claims and demands of all 
persons. 

In witness whereof, , the said , hereunto set hand and seal , 

this day of , in the year of our Lord one thousand nine hundred 

and . 

Signed, sealed and delivered 
in presence of. 



(Note : No contract for the sale of goods, etc., for thirty dol- 
lars or more, shall be good unless the purchaser accepts and 
receives part of the goods, or gives something in earnest to bind 
the bargain or in part payment thereof, or some note or memo- 
randum thereof is made and signed by the party to be charged 
thereby or his agent.) 

Form of General Powers of Attorney. 

Know all men by these presents, that have made, constituted and 

appointed, and by these presents do make, constitute and appoint to be 

true, sufficient, and lawful attorney for and in name and 

stead, and to use, to ask, demand, levy, require, recover, and receive 

of and from all and every person or persons, whomsoever the same shall or 
may concern, all and singular sum and sums of money, debts, goods, wares, 
merchandise, effects, and things whatsoever and wheresoever they shall and 

may be found due, owing, payable, belonging and coming unto , the 

constituent , by any ways and means whatsoever, giving and hereby 

granting unto , said attorney, full power and authority in and about the 

premises ; and to take and use all due means, course and process in the law, 
for the obtaining and recovering the same; and of recoveries and receipts 

thereof, and in name to make, seal and execute due acquittance and 

discharge; and for the premises to appear, and to represent me before any 
governor, judges, justices, officers, and ministers of the law whatsoever, in 

any court or courts of judicature, and there, on behalf, to answer, 

defend, and reply unto all actions, causes, matters, and things whatsoever, 
relating to the premises. Also to submit any matter in dispute to arbitra- 
tion or otherwise; with full power to make and substitute one or more 

attorneys under h m, said attorney , and the same again at pleasure 

to revoke. And generally to say, do, act, transact, determine, accomplish, 
and finish all matters and things whatsoever relating to the premises, as 

fully, amply, and effectually, to all intents and purposes, as , the said 

constituent , if present, ought or might personally, although the matter 



832 APPENDIX. 

should require more special authority than is herein comprised, hereby 

ratifying, whatsoever said attorney or substitute , shall lawfully 

do, or cause to be done, in and about the premises, by virtue of these 
presents. 

In witness whereof, have hereunto set hand and seal , this 

day of , in the year of our Lord one thousand nine hundred and . 

Signed, sealed and delivered 

in presence of . 



Form of Special Power of Attorney. 

Know all men by these presents, that have constituted, ordained, 

and made, and in stead and place put, and by these presents do consti- 
tute, ordain, and make, and in stead and place put to be true, 

sufficient, and lawful attorney for and in name and stead to 

giving and hereby granting unto said attorney full power and authority 

in and about the premises; and to use all due means, course, and process 
in law, for the full, effectual, and complete execution of the business before 
described; and in name to make and execute due acquittance and dis- 
charge: and for the premises to appear, and represent me before any 

governor, judges, justices, officers, and ministers of the law whatsoever, 

in any court or courts of judicature, and there on behalf, to answer, 

defend, and reply unto all actions, causes, matters, and things whatsoever 
relating to the premises. Also, to submit any matter in dispute, respecting 
the premises, to arbitration or otherwise; with full power to make and sub- 
stitute for the purpose aforesaid, one or more attorneys, under said 

attorney and the same again at pleasure to revoke. And generally to say, 
do, act, transact, determine, accomplish, and finish all matters and things 
whatsoever, relating to the premises, as fully, amply, and effectually, to all 
intents and purposes, as I could personally, although the matter should 
require more special authority than is herein comprised, hereby ratifying, 

whatsoever said attorney or substitutes shall lawfully do, or cause 

to be done, in and about the premises, by virtue of these presents. 

In witness whereof, have hereunto set hand and seal , this 

day of , in the year of our Lord one thousand nine hundred and . 

Signed, sealed and delivered 

in presence of . 



Power of attorney to sell land should be acknowledged and 
recorded like a deed. 



APPENDIX. 833 

Form of Revocation of the Power of Attorney. 

Know all men by these presents, that whereas I, A. B., of , by my 

letter of attorney bearing date , did constitute C. D., of , my attor- 
ney for certain purposes, and with certain powers in the said letter of 
attorney contained: Now know ye that I, the said A. B., do hereby revoke, 
make void, annul and countermand, the said letter of attorney, and all and 
singular the powers given by virtue thereof. 

In witness whereof, have hereunto set hand and seal , this 

day of , in the year of our Lord one thousand nine hundred and . 

A. B. [Seal.] 

Form Continuing Guarantee for Payment for Goods and Mer- 
chandise Sold to a Third Person. 

For value received, the receipt whereof is hereby acknowledged, the 
undersigned does hereby guaranty to A. B., the prompt payment by C. D. 
to A. B., at maturity, of all sums of money and debts which he may here- 
after owe A. B., for merchandise, which he may from time to time sell to 
him, whether such debts be on book account, by note, draft or otherwise, 
and also any and all renewals of any such debt. The undersigned shall not 
be compelled to pay on this guaranty a sum exceeding one thousand dollars, 
but this guaranty shall be a continuing guaranty, and apply to and be avail- 
able to said A. B., for all sales of merchandise he may make to said C. D., until 
written notice shall have been given by the undersigned to said A. B., and 
received by him, that it shall not apply to future purchases. Notice of the 
acceptance of this guaranty and of sales under the same, and demand upon 
said C. D., for payment, and notice to me of non-payment, is hereby waived, 

In witness whereof, I, the undersigned, have hereunto set my hand and 
seal this day of , A. D. 19 — . 

Witness, E. F. [Seal.] 

AGREEMENT. 

General Form of Agreement. 

Articles of agreement, made and concluded, the day of , A. D. 

19 — , by and between A. B., of , in the county of and state 

of , of the one part, and C. D., of , in the county of 

and state of , of the other part. 

The said A. B., for the consideration hereinafter mentioned, doth hereby 

convenant and agree, that . 

And the said C. D. doth hereby covenant and agree . 

To the true performance of the several covenants and agreements afore- 
said, the said parties do hereby respectively bind themselves, their execu- 
tors, administrators, and assigns, in the penal sum of dollars as liqui- 
dated damages to be recovered from the party to this agreement, who fails 
to fully perform the conditions hereby imposed upon him. 

53 



834 APPENDIX. 

In testimony whereof, we have hereunto interchangeably set our hands 
and seals, the day and year first above written. 

A. B. [Seal.] 

C. D. [Seal.] 
Signed, sealed, and delivered in 

presence of J. D. and R. H. 

Form of Agreement for Sale of Corn. 

It is agreed by A. B., of , and C. D., of , as follows: 

Said A. B. agrees to sell and deliver to said C. D., at his store in , on 

or before the day of , one hundred bushels of corn, warranted to 

be good and merchantable. 

Said C. D. agrees to pay said A. B. dollars, in cash, in full for said 

corn, on delivery. 

Witness our hands and seals, the day of , 19 — . 

A. B. [Seal.] 

C. D. [Seal.] 
Signed, sealed and delivered 

in presence of . 

Form to Convey Land. 

Know all men by these presents, that A. B., of , and C. D., of — — 

hereby covenant and agree as follows: 

Said A. B. agrees to convey to said C. D. in fee, a certain tract of land 
bounded and described as follows: [describe the premises] by a warranty 

deed, duly executed and acknowledged, for dollars, on or before the 

next. Said C. D. agrees to pay said A. B. dollars for the same, 

on delivery of the deed; and said C. D. may enter upon and occupy the 
premises, on , without paying rent therefor. 

[Penalty for non-fulfillment may be inserted.] 

Witness our hands and seals, this day of , A. D. 19 — . 

A. B. [Seal.] 

C. D. [Seal.] 
Signed, sealed and delivered 

in presence of . 

Form of Assignment by Partnership for the Benefit of Creditors, 
Common Law Form. 

This indenture, tripartite, made and entered into this day of , 

at , in the county of and state of , between , party of the 

first part, and , party of the second part, and such creditors of the said 

, as may in accordance with the provisions hereof become parties to 

this instrument, and subscribe to the terms of the same within thirty days 
from the date hereof, party of the third part; 

Witnesseth: That whereas the said are unable to pay in full all their 

just debts and liabilities, and have agreed to assign and convey all their 



APPENDIX. 835 

property, estate and effects not exempt from attachment or seizure on exe- 
cution, to said , in trust for the benefit of all their creditors, who 

become parties hereto within the time aforesaid in the manner hereinafter 
mentioned; now therefore, in performance of such agreement, and in con- 
sideration of the covenants and agreements hereinafter contained, and of 
one dollar paid by the said party of the second part, the receipt of which is 

hereby acknowledged, the said , party of the first part, does hereby 

give, grant, bargain, sell and convey, transfer, assign, set over and release 

to said , party of the second part, his heirs and assigns forever, all lands, 

tenements, goods, chattels, merchandise, debts and sums of money due, 

owing or belonging to , books of account, evidences of indebtedness, 

choses in action, and all the property and estate, real, personal and mixed, 
of every kind and nature, and wherever situated, not exempt from attach- 
ment or seizure on execution. 

To have and to hold the same to the said , heirs, executors, adminis- 
trators and assigns, upon the special trust following, to wit: 

The said party of the second part shall forthwith take possession of all 
the property herein conveyed, and as soon as he reasonably can collect, 
compromise and settle all the debts and sums due or owing as aforesaid, 
and sell and dispose of all said property for the best prices he can secure, 
by public or private sale, as he deems best, and pay and apply the moneys 
arising therefrom in the manner following, to wit: 

First. To pay the expenses of preparing these presents and procuring 
the execution thereof, and all the costs, charges and expenses, incident to 
or which may be incurred in the care, protection, insurance, collection, sale 
and disposal of said property, and in and about the execution of the said 
trust, including a just and reasonable compensation to the said trustee for 
his services rendered herein. 

Second. To distribute the residue of all such trust moneys among all 

such creditors of the said as shall become parties hereto within 

days from the date hereof, in proportion to the amount of their respective 
debts; provided, that if the amount of such residue shall be more than suf- 
ficient to pay in full all such debts, then the excess thereover shall be paid 
to the party of the first part. 

And the party of the first part does hereby constitute the party of the 

second part the lawful attorney of said in name if so elected, but 

for the purposes aforesaid, to demand, sue for, recover and receive, all and 
singular the premises assigned in trust, receipt for and give necessary 
acquittances, to compound the same or any part thereof, or settle the same 
by arbitration, or any legal or equitable means, at his discretion, and gener- 
ally to do all acts and things necessary to effect the intent of these presents. 

And the said hereby covenants and agrees with the said parties of 

the first and of the third part that he will accept and faithfully execute all 
the trust herein contained, complete the same with all reasonable diligence, 
and pay over and apply the funds as hereinbefore set forth, and will when- 



836 APPENDIX. 

ever required thereto in writing by the major part in amount of the cred- 
itors joining herein render an account of his said trust. 

And it is agreed that the said trustee shall not be chargeable for any 
more than what he shall actually receive by virtue of these presents, nor 
accountable for any losses that shall happen in the management or disposal 
of the said trust estate, without his willful fault and neglect. It is further 
agreed that no dividend or distribution shall be paid to any such creditor 
unless he shall, if requested thereto by said trustee, present to him within 
thirty days after such request a detailed statement in writing by him sub- 
scribed, giving the credits and allowances thereon, and verified by his oath 
that the same is correct and legally due. 

And the said creditors who may subscribe hereto for the considerations 
aforesaid do hereby severally agree that they will bring no suits against the 

said to enforce collection of any of their respective claims and demands 

during the continuance of this trust and that upon the completion thereof 

all their respective debts, claims and demands against said shall be 

forever released and discharged; but such settlement and discharge of 
liability shall not affect or discharge the liability of any party liable for 
said debts other than said . 

In witness whereof on the day and year first above written the said , 

party of the first part, and the said , party of the second part, and the 

said creditors, party of the third part, have hereunto set their hands and 

seals, each one of said creditors adopting as his own seal the seal of , 

the first creditor signing these presents. 

[Party making the assignment signs here.'] [Seal.] 

State of Maine. 

, ss. 

Then personally appeared [party making the assignment] and acknowl- 
edged the foregoing instrument to be his free act and deed. 

Before me, 

■ , Justice of the Peace. 

Trustee, party of the second part, 

[Trustee sign here.] [Seal.] 
Creditors, party of the third part, 

[Creditors sign here.] [Seal.] 

If the property includes real estate the part}^ making the 
assignment should acknowledge the same before a justice of the 
peace, who will fill out the foregoing blank certificate ; and the 
assignment should then be recorded in the registry of deeds of 
every county in which such real estate is located. 

Form of Sheriff's Deed, Sale of Real Estate. 

Know all men by these presents, that whereas, I, , of , in the 

county of and State of Maine, a deputy sheriff duly commissioned by 

, sheriff of said county of , by virtue of an execution, which issued 



APPENDIX. 837 

on a judgment, recovered at a term of the court, holden at ■, within 

and for the county of , on the Tuesday of , A. D. 19 — , by , 

of , in the county of and State of Maine, against , for the sum 

of , debt and damage, and , costs of said suit, did on the day 

of , A. D. , take and seize all the right, title and interest which the 

said has or had on the day of , A. D. 19 — , at o'clock in 

the afternoon, being the time when the same was attached on the original 
writ, in and to the following described real estate, to wit: [Describe the 
real estate.] 

And whereas, on the day of , A. D. 19 — , I gave to a writ- 
ten notice [or placed in the post office at , in said county, a written 

notice, postage prepaid, to , of ], that on the day of , A. D. 

19 — , at o'clock in the noon, at the sheriff's office in the city of 

, in said county of , said right, title and interest of the said in 

and to the real estate aforesaid, would be sold at public auction, said notice 
having been given at least thirty days before said time appointed for the 
sale. And whereas I also posted up a like notice of the time and place of 

said sale in one public place in the town of , and also in one public 

place in each of the towns of , , two towns adjoining said town of 

, and both in said county of , all of said notices having been posted 

at least thirty days before the time of sale described above; and also 
caused a notice thereof to be published three weeks successively before said 

day of sale above described in the , a public newspaper printed in 

whole or in part in , in said county of . 

And whereas, at the time and place above described, I sold said right, 

title and interest of said in and to the real estate aforesaid, at public 

auction to , of , he being the highest bidder therefor, for the sum 

of . 

Now therefore, in consideration of said sum of paid to me in hand by 

said , the receipt of which I hereby acknowledge, I, the said , 

deputy sheriff as aforesaid, have given, granted, bargained and sold, and by 

these presents do give, grant, bargain, sell and convey unto the said , 

his heirs, executors, administrators and assigns, forever, all the right, title 

and interest which the said has or had at the date of the attachment 

as aforesaid, in and to the premises above described, with all of the appur- 
tenances thereto pertaining. 

To have and to hold the same to the said , his heirs, executors, 

administrators and assigns, to their use and behoof forever. Subject how- 
ever to be redeemed according to law. 

In witness whereof, I have hereunto set my hand and seal this — — day 

of , in the year of our Lord one thousand nine hundred and . 

Signed, sealed and delivered 

in the presence of , Deputy Sheriff, 



838 APPENDIX. 

Form of Assignment of a Debt, Account or Bond. 

Know all men by these presents, that I, A. B., of , in consideration of 

dollars to me paid by C. D., of , do hereby grant, sell and assign 

to said C. D. a certain debt due me from E. F., of , for goods sold and 

delivered [or, if a bond, a certain bond, dated the , mode to me by G. H. 

for dollars conditioned for the payment of dollars, or the assignment 

may be indorsed on the back of the bond or account, in which case say the 
within bond or the within account], with full powers to collect and discharge 
or dispose of the same in my name, at his pleasure, at his own expense and 
risk. And I do hereby covenant that said debt is justly due, and that I 
have not done, and will not do any act by which the collection thereof may 
be hindered or prevented. 

Witness my hand and seal, the day of , 19 — . 

Signed and sealed in 

presence of . A. B. [Seal.] 

Form of Assignment by Indorsement of a Judgment Mortgage, 
or Lease. 

Know all men by these preserjts, that I, E. D., the within named, in con- 
sideration of dollars to me paid by L. M., of , do hereby grant and 

assign to said L. M. the judgment within mentioned, with full power to 
recover the same for his own use, at his own risk and expense. [If a mort- 
gage, say — do hereby grant and assign to said L. M. the within mortgage, the 
note, debt and claim thereby secured, and all my right to the premises thereby 
conveyed.] [If a lease, then say — do hereby grant and assign to him, the said 
L. M., the lease within written, and do hereby covenant that I have not done, 
and will not do any act by which said lease may be impaired.] [May also 
insert, if desired, covenant by assignee to protect assignor against rent, etc.] 

Witness my hand and seal, the day of , 19 — . 

E. D. [Seal.] 
Form of Condition to Maintain a Person. 

[May be used for bond, deed, or mortgage, the proper changes being made.] 

The condition of this obligation is such, that if the said A. B., his exec- 
utors and administrators, shall, during the natural life of said C. D., suitably 
support and maintain the said C. D. in the house of said A. B. [or in such 
suitable house as said A. B. shall provide], and provide him with suitable 
clothes, food, drink, medical attendance, medicine, and nursing, and all 
other things necessary for his comfortable support, then this obligation 
shall be void; otherwise the same shall remain in full force. 

Form of Condition of Indemnity for Signing a Probate Bond. 

The condition of this obligation is such, that if said A, B. shall indemnify 
said C. D. against all loss, cost, damage, and expense to which he may be 
subjected by reason of his signing, at the request, and as surety for said 
A. B., a bond to the judge of probate of the county of , in the penalty 



APPENDIX. 839 

of dollars, conditioned for the faithful discharge by said A. B. of his 

duties, as executor of the will of G. D., deceased, then this obligation shall 
be void; otherwise the same shall remain in full force. 

Form of Condition to a Town for the Support of a Bastard 
Child. 

The condition of this obligation is such, that if the said A. B. shall indem- 
nify the said town of , from all expenses, costs, and damages which 

may accrue by reason of the birth, maintenance, and education of a certain 
bastard child with which one E. F. is now pregnant [or of which one E. F, 
has lately been delivered], and of which said E. F. has on oath complained 
that said A. B. is the father, then this obligation shall be void; otherwise 
the same shall remain in full force. 

Form of Condition to Pay a Woman for the Support of a Bas- 
tard Child. 

The conditions of this obligation is such, that if said A. B. shall pay to 
said C. D. towards the support and maintenance of a bastard child of which 
said C. D. has lately been delivered, and of which said C. D. has on oath 

complained that said A. B. is the father, per week, from the day 

of , during years, if said child shall so long live, then this obliga- 
tion to be void; otherwise the same shall remain in full force. 

Interest on Note. 

Legal rate of interest is 6%. Any rate of interest may be 
agreed upon and inserted in the note. If rate is larger or smaller 
than 6%, insert after the rate of interest "until this note is fully 
paid." Otherwise a note on 8% pays interest at that rate until 
it is due, interest from the time it is due is at 6%. Note on 4% 
pays that rate until due, after that pays 6%. 

Holmes Note. 

Goods for which note given, to remain the property of the 
payee, until note is paid. 

$100. [Date.] 

Four months after date I promise to pay to the order of A. B. one hun- 
dred dollars, with interest at five per cent until this note is paid. Value 
received. The bay horse for which the foregoing note is given shall remain 
the property of the said A. B. until this note is fully paid. 

C. D. 

Should be recorded in the office of the town clerk of the town 
where the maker resides. 

If maker resides out of the state, then to be recorded in the 
town where the property is at the time note is made. 



840 APPENDIX. 

Form of Notice to Quit (Landlord to Tenant). 

To , of , in the county of ■: 

I hereby notify and require you to quit and deliver up to me at the expi- 
ration of thirty days from the day of , A. D. 19 — , the possession 

of the following described premises, situated in , in said county, to wit: 

now occupied by you and belonging to me, and this notice is given you 

for the purpose of determining your tenancy therein. 

Dated at , this day of , A. D. 19 — . 

Form of Return (Copy of Notice to be Inserted Before Return). 

I hereby certify, that on the day of , I gave in hand to above 

named the original notice of which the above is a true copy. 



State of Maine. 

County of , ss. [Date.] 

Personally appeared and made oath that the above affidavit by him 

subscribed is true. 

, Justice of the Peace. 

Form of Proxy (to Represent Stockholder at Corporation 
Meeting). 

Know all men by these presents, that , stockholder in the , do 

hereby appoint true and lawful attorney, with power of substitution, 

for and in — — name to vote, as proxy, at the meeting of the 

stockholders of said company, to be held at , on the day of , 

19 — , or at any adjournment thereof, with all the powers which would 

possess if personally present. 

Witness, hand and seal , this day of , 19 — . 

Executed in presence of 

. . [l. S.] 

. — . [e. S.] 

The proxy should not be given more than thirty days before 
the meeting. 

Form of General Release of all Demands. 

Know all men by these presents, that I, A. B., of , for and in con- 
sideration of the sum of , to me paid by C. D., of (the receipt 

whereof I hereby acknowledge), have remised, released, and forever dis- 
charged, and I do, for myself, my heirs, executors, administrators, and 
assigns, remise, release, and forever discharge the said C. D., his heirs, 
executors, and administrators, of and from all debts, demands, actions, and 
causes of action, which I now have against him in law and equity, and from 
any and all of his contracts, liabilities, doings, and omissions, to the date 
hereof. 



APPENDIX. 841 

In witness whereof, have hereunto set hand and seal , this 

<j a y f j i n the year of our Lord one thousand nine hundred and . 

Signed, sealed, and delivered 

in presence of . A. B. [Seal.] 

Form of Statement of Lien Claim by Member of a Firm for the 
Firm. 

I, , of , in the county of and State of Maine, member of the 

firm of , consisting of , and , and deponent, all of , in the 

county of and state of , doing business at , on oath depose and 

say: that there is due the said firm of from , of , in the county 

of and state of , the sum of dollars and cents, with all 

just credits given, for labor [or labor and materials] furnished by said 

for and which entered into a dwelling-house situated , owned as this 

deponent believes by , or if not so owned its owners are to me unknown, 

for which said sum of dollars and cents the said firm of has 

and claims a lien on said building and the land on which it stands and 
which is connected therewith and appurtenant thereto. The last of said 

labor [or labor and materials] was furnished on the day of , A. D. 

19—. 

Dated at •, this day of , A. D. 19 — . 



State of Maine. 
ss. . A. D. 19- 



Subscribed and sworn to by the said . 

Before me, 

, Justice of the Peace. 

A statement of lien claim by individual for labor performed 
or for labor or materials furnished may be readily made by 
changing the foregoing form as the circumstances may require. 

Form of Declaration or Acknowledgment of Trust by Trustee. 

I, A. B., of , do hereby acknowledge and declare that a certain writ- 
ing [here describe the particular instrument] is left and deposited in my 

hands, by and in trust for C. D. and E. F., of , to be held by me and my 

legal representatives only in trust, for the convenience, use, benefit, and 
advantage of said C. D. and E. F., and their legal representatives; and on 
demand from them, or either of them, that I will produce the same, for the 
use of either or both of said parties. 

Witness my hand, the day of , 19 — . 

A. B. 

Form of the Condition of a Bond of Indemnity Given to One 
Bound for the Obligor for the Payment of Money. 

Whereas the above-named A. B., at the special instance and request, and 
for the only debt of the above-bounden C. D. together with him the said 



842 APPENDIX. 

C. D., is in and by one bond or obligation, bearing even date with the 

above-written obligation, held and firmly bound unto E. F., of , in the 

penal sum of conditioned for the payment of , etc., with interest 

for the same at the rate of per cent per annum, on next ensuing 

the date of the said recited obligation, as, in and by the said recited obliga- 
tion and the condition thereof, may more fully appear [or recite the con- 
dition verbatim] : Now the condition of this obligation is such, that if the 
said C. D., his heirs, executors, or administrators, do and shall, well and 
truly pay, or cause to be paid unto the said E. F., his executors, adminis- 
trators, or assigns, the said sum of , with the interest for the same at 

the rate of per cent per annum, as aforesaid, on the day of 

next ensuing the date of the said recited obligation [if the bond is made 
payable at several times, say — on the several days and times limited in the said 
recited condition'], according to the true intent and meaning thereof, and in 
full discharge and satisfaction of the said recited obligation ; and if he, the 
said C. D., his heirs, executors, or administrators, shall also from time to 
time, and at all times hereafter, save harmless and indemnify him, the said 
E. F., his executors and administrators, and his and their goods and chattels, 
of and from all damages, sums of money, and costs and charges, which he, 
they, or any of them, shall or may at any time hereafter, be put to by rea- 
son of the said A. B.'s being bound with the said C. D. for the payment of 
the sum of money and interest aforesaid, then this obligation shall be void; 
otherwise to remain in full force. 

Form of Condition of a Bond that a Person When of Age Shall 
Convey. 

Whereas T. S., of , deceased, by his last will and testament in writ- 
ing, bearing date on or about the day of , did among other things 

give, devise, and bequeath all that messuage or tenement, etc., then in the 
occupation of his brother, W. S., to be divided between his two sons, G. S. 
and R. S., their heirs and assigns, equally, part and share alike; and 
whereas the above-named I. G. hath agreed with the said G. S. and R. S. 
for the absolute purchase of the said premises, devised to them as aforesaid, 

at and for the sum of , but the said R. S., not being yet of age, cannot 

join in conveying the same to the said I. G-. ; and whereas the said I. G. 
hath at request of the above-bound R. S., and on his promise and under- 
taking that the said R. S. should as soon as he shall have attained the age 
of twenty-one years, at the costs and charges of the said I. G., convey to 
the said I. G., his heirs and assigns, his undivided moiety or half part of 
the said premises, paid into the hands of the said G. S. the whole of the 
said purchase money, and the said G. S. hath by his deed of even date here- 
with duly made, sealed, delivered, and acknowledged, conveyed his undi- 
vided moiety, or half part of the said messuage or tenement and premises, 
to the said I. G., his heirs and assigns. Now the condition of this obliga- 
tion is such, that if the said R. S. do and shall as soon as he shall have- 



APPENDIX. 843 

attained the said age of twenty-one years, at the cost and charge of the 
said I. G., convey unto the said I. G., his heirs and assigns, by such deeds 
and conveyances as the counsel of the said I. G. shall advise, his undivided 
moiety or half part of the said premises, devised to him and the said G. S., 
as aforesaid, and that without any consideration to be paid him by the said 
I. G. for so doing; and also if, and in case the said R. S., his heirs, execu- 
tors, or administrators, do and shall in the mean time, and until the said 
R. S. shall have executed such conveyances as aforesaid, save, defend, keep 
harmless and indemnify the said I. G., his heirs, executors, and adminis- 
trators, and the said premises, to be conveyed by the said R. S. to the said 
I. G. as aforesaid, and the rents, issues, and profits thereof, of and from all 
claims and demands to be made thereto by, or on the part and behalf of the 
said R. S., then this obligation shall be void; otherwise to remain in full 
force. 

Form of Bond to Indemnify One that Has Indorsed a Promis- 
sory Note for Another. 

Know all men by these presents, that whereas the above-bound A., by bill 

or note under his hand, dated the day of , A. D. 19 — , hath promised 

to pay unto C, or order, six months after date, the sum of , with inter- 
est thereon till paid; and whereas the above-named B., at the request and 
for the only debt of the said A., hath indorsed the said recited bill or note, 
and has thereby become chargeable with and for payment of the said sum 

of , and interest, at the time therein mentioned, as by the said bill and 

the indorsement thereupon may appear. Now the condition of this obliga- 
tion is such, that if the said A., his executors or administrators, do and 

shall well and truly pay the said sum of , for which the said note is so 

given, and the interest thereof, on the day of payment therein mentioned 
and in full discharge thereof, and therefrom, and from all actions, suits, 
charges, payments, and damages by reason thereof, shall and do, at all 
times, well and sufficiently save harmless, and keep indemnified the said B., 
his heirs, executors, and administrators and every of them, then this 
obligation shall be void; otherwise to remain in full force. 

Form of Agreement for the Purchase of Growing Timber. 

Articles of agreement, etc. 

First. The said A. [the seller], in consideration, etc., to be paid by the 
said B. [the buyer] in manner hereinafter mentioned, and of the covenants 
and agreements hereinafter contained, and which by the said B., his execu- 
tors, administrators and assigns, are to be observed and performed, doth 
hereby grant, bargain and sell unto the said B., etc., all and singular the 
timber trees, and other trees hereinafter mentioned, being all set out and 
marked for sale, and standing in the several places hereinafter mentioned 

(that is to say), hundred oak trees marked with the letter U S," together 

with the boughs, lops, tops, and bark thereof, etc., all standing, growing, 



844 APPENDIX. 

and being upon the following described premises , and which are now in 

the possession of C. D. 

Together with full liberty and authority, for the said B., his servants, 
agents, and workmen, to fell the said trees at all reasonable and convenient 
times, and to lay and place the bark of the oak trees in convenient parts of 
the premises to dry; and the said trees, and wood, with the bark of the 
oaks, and the boughs, lops, and tops of the whole of the said trees to draw, 
remove, and carry off, and take away in shares in and by the most usual 

and convenient ways and parcels, at any time on or before the day of 

next. And also free liberty and authority to and for the said B., his 

executors, etc., and his and their servants, agents, and workmen, and other 
person and persons, to whom they shall sell and retail the said timber and 
wood, or any part thereof, to dig saw pits, and break up and saw the said 
timber in proper and convenient parts of the said premises, in and upon 
which the said timber and wood stands and grows, at any time before the 

said day of next, without paying or making any satisfaction to the 

said A., his heirs, or assigns, or under-tenants. 

And the said B., in consideration of the premises, and the bargain and 
sale of the said trees and bark, made to him as aforesaid, doth for himself, 
his heirs, etc., covenant and agree with the said A., his executors, etc., by 
these presents, that he, the said B., etc., shall and will pay to the said A., 

his executors, etc., the sum of dollars in manner following, that is to 

say, etc. And also, that he, the said B., his executors, etc., shall and will 
fell, hew, and cut down the said oak trees and others, and every of them, 
and remove and take away the same, with the boughs, etc., thereof, within 
the time before limited and agreed on for that purpose, and according to 
the true intent and meaning of these presents; and also shall and will within 

one month next after the said day of next, at his and their own 

costs and charges, fill up all such saw pits as shall, for the purposes afore- 
said, have been made by him or his servants, on any of the said lands; and 
also fence, amend, and repair all the hedges and fences in and about the 
said lands, in all such places as shall be broken, or otherwise damaged or 
destroyed, in felling, hewing or carrying away the said timber, on being 
allowed by the said A. hedge wood for that purpose. [A clause for submit- 
ting disputes to arbitration may be added at discretion.] 

In witness whereof, have hereunto set hand and seal , this 

day of , in the year of our Lord one thousand nine hundred and . 



INDEX. 845 



INDEX 



ADMINISTRATION 

on estates of deceased persons, 817 

ADOPTION 

of children; application to court, 717 

allowance to adopted child, 719 

change of name on; application, 717 

decree, without notice, 718 

character of applicants, 718 

consent essential; from whom, 717 

decree of, conditions precedent to, 718 

annulment of, 719 

appeal from, 717 

effect of; descent of property, 718 

foreign state, made in, 718 

special provision, 717 

effect of, 718 

in case of, 719 

ALMSHOUSE 

births and deaths at, notice of, 750 

dead bodies at, notice of, 650 

house of correction, may be used as a, 550 

joint, establishment by towns, 514 

overseers, a joint board; their duties, 514 

towns may raise money for, 514 

soldier or sailor; when not sent to, 504 

workhouse, may be used as a, 548 

ANNUAL TOWN MEETINGS 9 

APPRENTICES 729 

AQUEDUCTS 

application for meeting of proprietors, 405 

by-laws, penalties for breach of, 407 

record of, 406 

clerk, election of, 406 

records kept by; open to inspection, 406 

shares, of; and their owners, 407 



846 index. 

AQUEDUCTS— Continued. 

contracts in force after dissolution, 408 

corporation, proceedings at organization, 406 

damages for malicious injury to, 408 

directors, election of, 406 

assessment on shares, may make, 407 

president chosen by and from, 407 

franchise, liable to attachment, 407 

redemption within two months, 407 

malicious injury to, penalty, 408 

meeting of proprietors, application for, 405 

manner of calling, as agreed by members, 406 

notice how given, 405 

proceedings for organization, 406 

warrant, detailed contents of. 405 

president, election of, 407 

property liable to attachment, 407 

redemption within two months, 407 

upon dissolution, how held, 408 

proprietors, powers of, 407 

liability on contracts of corporation, 408 

shares must be entered with clerk, 407 

tenants in common upon dissolution, 408 

ways, right to open, 407 

proxy, voting by, permitted, 407 

records open to inspection of legislature, 406 

shares, of; owners and transfer of, 407 

shares, assessments called by directors, 407 

attachment of; as personal estate, 407 

record of owners and transfer, 407 

sale of, to pay assessments, 407 

taxation, exemption from, 148 

town may draw water from, free, 408 

ASSESSOKS OF PLANTATIONS 

to prepare lists of inhabitants, 95 

to call meetings, for election of state officers, 95 

to preside at meeting, receive, sort and declare vote, 95 

votes so received to be counted for electors for president, 95 

ASSESSMENT 

including sums raised for illegal object, 274 

of taxes (see Taxes), 142 

not void, when, 274 

ATTACHMENT 

of personal property, how recorded, 48 

exemption; articles enumerated, 687 



INDEX. 847 

ATTACHMENT— Continued. 

benefits of casualty assessment companies, 689 

fraternal beneficiary associations, of, 689 

burying grounds, in general, of, 646 

family burying grounds, of, 646 

another provision, 647 

lots in cemeteries, 646 

public cemeteries, property of, 649 

shares in, 649 

homestead of; when 689 

certificate filed in registry of deeds, 689 

liens for labor and material not affected, 690 

set-off, when value exceeds $500.00, 689 

widow and minor children, rights of, 690 

life and accident policies, of, 689 

lien of creditors for excess premiums, 689 

lots in cemeteries, for debts, 689 

land held for family ground, also, 689 

shares in loan and building association, two, 689 

AUCTIONS AND AUCTIONEERS 

account of sales to be kept, 675 

building, occupant liable for illegal sales in, 675 

fines, recovery and disposal of, 675 

license granted by municipal officers, 674 

appeal to county commissioners, 674 

blooded animals may be sold without, 675 

fees; recording; duration, 674 

forfeited for failure to deduct tax, 674 

sales without; penalty, 675 

special, may be granted; fees, 676 

sunset, to sell after; fees, 675 

minors, receiving goods of, for sale; penalty, 675 

non-residents, sales for; tax, 674 

failure to deduct tax; penalty, 674 

officers, certain public, excepted, 675 

pawnbrokers, sales by, 675 

real estate in two towns, sale of, 675 

sales; account to be kept, 674 

goods received of minor or servant, of, 675 

license, without; penalty, 675 

special, by, 676 

occupant of building liable for illegal, 675 

real estate lying in two towns, of, 675 

sunset and sunrise, between, 675 

town not authorized, in; penalty, 674 



848 INDEX. 

AUCTIONS AND AUCTIONEERS— Continued. 

servant, receiving goods of, for sale; penalty, 675- 

voter of town, alone, to act for auctioneer, 675* 

ARMORY 

town to provide (R. S. c. 4, § 68). 

AUSTRALIAN BALLOT LAW, 121 

AUTOMOBILES (See "Road, Law of the' 1 ) 

how registered, 363, 364 

licenses for, 364 

non-resident owners, 365 

penalty for violating law, 365 
BALLOT 

elections shall be by written; const., 56 

town officers, of, 19 

examination of, 66 

loss of, provisions in such case, 128 

marking and casting of, 132 

assistance in marking, 134 

"stickers,' 1 use authorized, 132 

marks or figures, without distinguishing, 67 

number to be furnished, 126 

official, only, to be cast and counted, 134 

packages of official, 125 

polling place, not to be removed from, 133 

record of number printed and supplied, 125 

requisites of valid, 125 

returns at state elections, 96 

delinquent, notice of, 97 

lost, how supplied, 97 

certificate, signed and sworn to, 97 

sealed and forwarded, 97 

presidential elections, at, 98 

sealed and preserved as a public record, 133 

secretary of state to forward two sets, 127 

disposal of, 128 

sorted and counted in open meeting, 133 

specimens to be furnished, 126 

posted, 128 

spoiled, disposal of, 133 

when printed, shall be folded, 125 

white paper, printed on, 67 

caucuses, for, 105 

defacing or destroying, 135 

delivery, willfully delaying, 135 



INDEX. 849 

BALLOT— Continued. 

destruction, etc., of specimen, etc., 135 

official ballots, of, 135 

endeavoring to induce voter to exhibit, 134 

exhibition by voter, 134 

false statement as to inability to mark, 134 

assisting voter wrongfully, 135 

forgery of official indorsement, 135 

fraudulently receiving, 103 

penalty, how recovered, 103 

inspection of, permitting, 134 

interference with voter, when marking, 134 

lost return, false certificate as to, 100 

neglect to supply, 100 

officer pro tern., neglect or misfeasance of, 100 

receiving prohibited, penalty for, 103 

penalty, how recovered, 103 

removal before close of polls, 135 

sale of vote, 102 

copy of law to be posted, 102 

tampering with, punished, 133 

town officer, neglect or misfeasance of, 100 

permitting examination of ballot, 134 

receiving folded ballot, 132 

warrant, neglect of constable to serve, 102 

municipal officers to issue, of, 102 
BALLOT CLERKS 

assistance to voter by, 134 

penalty for wrongful, 135 

ballots delivered to, by election officers, 128 

distribution to voters, 132 

candidates ineligible to be, 130 

designation of; duties, 130 

ward lists, to certify, 116 

vacancies filled by municipal officers, 130 
BANKRUPTCY LAW 

acts of bankruptcy, 799 

who may become bankrupt, 801 

death of bankrupt, 803 

protection of bankrupt, 803 

detention of bankrupt, 803 

extradition of bankrupt, 803 

composition with creditors, 803 

discharge, 80t"> 

co-debtors, 807 

54 



850 INDEX. 

BANKRUPTCY LAW— Continued. 

meeting of creditors, 807 

debts not affected by a discharge, 807 

proof of claim, 808 
BARK 

survey of, 762 
BASTARD CHILDREN 

accusation and examination, 538 

bond for appearance of respondent, 539 

final judgment, in force until, 540 

maintenance, for, 542 

death of mother, in case of, 544 

complainant, death of; proceedings, 544 

settlement by; objection, 543 

witness, may be a, 541 

declaration before trial; form, 541 

depositions, authorized use of, 538 

fees, as in criminal prosecutions, 539 

judgment of filiation, 542 

costs against town, for, 543 

debtor may take poor debtor's oath, 544 

recovery of sums due on, 544 

proceedings before magistrate, 539 

costs and expenses, if committed. 539 

prosecution; conditions precedent, 541 

town, by ; liability for costs, 543 

settlement of, as paupers, 502 

warrant for arrest of respondent, 539 

service of; pursuit outside county. 539 

BEAST (see "Stray Beasts"). 

BETTING 

at election, penalty, 101, 102, 271 

BIRTHS 

almshouse, at, notice of, 750 

annual return to state registrar, 752 

assessors to collect and return, 752 
town clerks to enforce provisions, 44, 45, 47 

false return a misdemeanor, 748 

fees of town or city clerks, 51 

hospitals, at, notice of, 750 

householder to give notice of, 750 

house of correction, at, notice of 750 

notice of, to town clerk, 750 

parents to give notice of, 750 

prison keeper to give notice of, 750 



INDEX. 851 

BIRTHS— Continued. 

record of; details required, 748 

attendant to return facts, 748 

clerks of towns to keep and return, 47, 48, 752 

midwife to return facts, 748 

non-resident parents, to, return of, 750 

physician to return facts, 748 

fees for, from town, 44, 45, 47 

residence of parents, copy sent to place of, 751 

unincorporated places, in; return of, 750 

unreported, duty of town clerk as to, 44, 45, 47 

vessels, on board of, notice of, 750 

workhouse, master of, to give notice of, 750 

BOARDS OF REGISTRATION OF VOTERS 

members of board, how appointed, 109 
BOND 

definition, 196 

BOOKS LOANED BY STATE TO TOWNS, 41 

BORROWING POWER OF TOWNS, 32 

BOUNTY OF WOLVES, 272 

BOWLING ALLEYS 

keeper to procure license; penalty, 633 

bond of, 634 

violation of bond; penalty, 634 

municipal officers to license ; fee, 633 

revocation of license, 634 

officer may enter to enforce law, 634 

obstruction of; penalty, 634 

open until midnight, when, 634 

BRIBERY AT ELECTION 

penalty 101 

BRIDGES. 

covered, to be snowed in winter, 358 

defect in, action for injury by, 324 

actual notice of defect, 324 

amount of recovery limited, 324 

excess of load precludes recovery, 326 

executor, etc., recovery by, 324 

location not to be denied, when, 326 

notice of injury required; form, 324 

sufferer must give prior notice, when, 324 

view may be ordered, 324 

drawtender acquires not pauper settlement. 503 

guards for railroad bridges ; maintenance, 382 



852 INDEX. 

BRIDGES— Continu ed. 

"highway 1 ' may include, 345 
ice, on; construction authorized, R. S. c. 23, § 94. 

penalty for destruction of, R. S. c. 23, § 94. 
lamps on; extinguishment; penalty, R. S. c. 128, § 19. 
obstruction or injury of; penalty, R. S. c. 128, § 8. 
railroad, on; examination of, R. S. c. 51, § 52. 
malicious injury to; penalty, R. S. c. 119, § 5. 

passing over, except in cars, forbidden, 385 

railroad crossing, at; maintenance of, • 381 

notice to company by municipal officers, 381 

proceedings to compel erection, 381 

repair, to compel, 381 

repair of, appropriation by towns for, 34, 323 

assessment and collection of, 323 

deficiency, proceedings in case of, 351 

expenditure of, 352 

road commissioner to have charge of, 352 

street railroads, location of, over certain, 395 

maintenance, when used by, 384 

report of commissioners; proceedings, 384 

appeal and final decision, 385 

teams on, speed of travel regulated, 362 

penalty for violation, 362 

toll bridges, 356 

toll keeper acquires not pauper settlement, 503 

BROWN-TAIL MOTH, 789 

BUILDINGS (see "Liens") 

by-laws, duties of inspector, as to, 619 

burning; locomotives, by; liability for, 387 

compulsory cleansing of, 592 

vacating of, until cleansed, 592 

penalty for non-compliance, 592 

compulsory disinfection of, 590 

failure to comply with order; penalty, 590 

destruction of, to stay fires, 614 

compensation for, 614 

doors in public buildings to open outwards, 620 

kept open, when building in use, 620 

entry of, to investigate fires, 623 

fire escapes required on buildings, 620 

inspection as to sufficiency of, 620 

notice of decision and requirements, 620 

neglect to comply with order, 621 

use of building forbidden ; violation, 621 



INDEX. 853 

BUILDINGS— Continued. 

gunpowder, used for making, when a nuisance, 657 

railroad employees, by, 387 

nuisances, burnt and dilapidated, adjudged, 611 

order for removal, after notice, 611 

publication of order, 611 

removal in compliance with order, 611 

owner may apply to supreme judicial court, 611 

costs on such application, 611 

town must adopt provisions, 612 

occupation of; in maritime towns, 615 

intoxicating liquors, for illegal sale of, 606 

smoking in certain, prohibited, 615 

ways, on; declared a nuisance, 606 

fronting on, when not a nuisance, 607 

Inspection and Construction 

appeal from inspector of buildings, 618 

inspector of buildings, relating to, 619 

chimneys, repair of dangerous, 615 

dangerous premises, examination of, 619 

neglect of inspector's orders, penalty, 619 

jurisdiction of offenses, 619 

doors of public, to open outwards, 620 

fire escapes, requirements as to, 620 

inspection as to safety against fire, 620 

certificate of safety given, 621 

posting and effect of; penalty, 621 

compensation for, 621 

return and record of certificate, 621 

inspector of buildings, appointment, 617 

appeal to municipal officers, 618 

building, may enter any, 618 

refusal to permit entry, penalty, 619 

jurisdiction of offenses, 619 

inspector; by-laws relating to duties of, 619 

examination of dangerous premises by, 619 

neglect of inspector's orders, penalty, 618 

jurisdiction of offenses, 619 

inspection of new buildings, 617 

certificate of safety, to give, 618 

appeal upon refusal, 618 

fine, if building occupied without, 61 S 

jurisdiction of offenses, 619 

inspection of buildings under repairs, 617 

neglect of inspector's orders, penalty, 618 

jurisdiction of offenses, 619 



854 INDEX. 

BUILDINGS— Continued. . 

inspection of chimneys, boilers, etc., 619 

neglect of inspector's orders, penalty, 618 

jurisdiction of offenses, 619 

obstruction of, in inspection, penalty, 619 

jurisdiction of offenses, 619 

BURIALS (see "Health"). 

BURYING GROUNDS 

appropriation of land for; inalienable, etc., 646 

family burying ground, for, 646 

conveyances of, not valid, while, 646 

fee for recording description, town clerks, by, 51 

attachment, exemption from, in general, 646 

family burying ground, of, 646 

another provision, 647 

lots in cemeteries, 646 

public cemeteries, property of, 649 

shares of stock therein, 649 

care of lots, donation or legacy for, 648 

investment of fund, 648 

town treasurer, fund deposited with, 648 

by-laws for management of fund, 648 

interest allowed by town, 648 

corporations, organization of, 645 

fencing of ground; penalty for neglect, 645 

funds for care of lots, may accept, 648 

investment of, 648 

trust to be fulfilled as directed, 648 

land for family ground, may accept, 648 

exemption of, from liability for debts, 648 

inalienable and indivisible, 648 

vote accepting conveyance, record of, 648 

public cemeteries, for ow T ning, etc., 649 

fencing of, towns may raise money for, 31 

ancient burying grounds, of, 646 

penalty for neglect; its application, 646 

liability of officers, 646 

corporations, by; obligations, 645 

hearse and hearse-house, towns may procure, 31 

injuries to structures on, 649 

land held for family ground; acceptance, 648 

exemption of, from liability for debts, 648 

inalienable and indivisible, 648 

vote accepting conveyance to be recorded, 648 

lots in public grounds; conveyance in trust, 649 



INDEX. . 855 

BURYING GROUNDS— Continued. 

funds for care of; acceptance, 648 

by-laws for management of 648 

interest upon, 648 

private may become public; proceedings, 647 

public cemeteries, incorporation of, 649 

deeds of lots in, where recorded, 649 

property of, exempt from attachment, 649 

shares, also, 649 

taxation, exemption from, 649 

purchase of, towns may raise money for, 31 

record of land appropriated for, 646 

family burying ground, for, 646 

public cemeteries, of deeds of lots in, 649 

sale for debts, lots in cemeteries exempt from, 646 

land held for family ground, also, 647 

taking land for enlargement of, 647 

acceptance by town necessary, 647 

assessment of damages upon complaint, 647 

dwelling-house, not within twenty-five rods of, 647 

notice of hearing and service, 647 

proceedings by municipal officers, 647 

taxation, public cemeteries exempt from, 649 

shares of stock therein, also, 649 

trees planted in public burying grounds, 350 

BY-LAWS 

aqueducts, proprietors of, . 406 

penalties for breach, 407 

independent local churches, of, 493 

libraries and charitable societies, of, 678 

dues enforced in accordance with, 678 

local boards of health, of, 590 

violations, penalty for, 593 

parishes and religious societies, of, 488 

Municipal 

authority in general to make, 26 

automobiles, as to speed of, 361 

bark, relating to measure and sale of, 26 

same subject, 762 

bicycles in the streets, as to use of, 26 

bricks, as to burning of, 607 

buildings, as to dilapidated, 012 

erection of, 26 

roofs, as to snow sliding from, 26 

burial lots, for funds for care of, 648 

channel lines and anchorages, as to, 788 



856 INDEX. 

BY-LAWS— Continued. 

coal, relating to measure and sale of, 26 

same subject, 762 

contagious diseases, as to, 26 

dogs, as to going at large of, 26 

engine men and fire engines, 612 

habitual truants, relating to ; approval, 441 

truant officers alone to complain under, 441 

health, as to, 27 

inspector of buildings, as to duties of, 619 

junk, as to sale of, 28 

meat and fish, as to sale of, 28 

milk, as to sale of, 28 

obnoxious trades, as to, 606 

pawnbrokers, as to dealings with, 28 

public parks and squares, as to, 27 

sealer of weights and measures, salary of, 772 

second-hand articles, as to sale of, 28 

sidewalks, as to; and removal of snow, 27 

stolen goods, to prevent traffic in, 28 

trees, as to planting, 27 

vehicles, as to public, 27 

ways, as to objects within limits of, 27 

defects, such objects are not, 27 

wood, relating to measure and sale of, 27 

same subject, 762 

CATTLE (see "Stray Beasts"). 

CAUCUS 

authorized method of holding, compulsory, 105 

certain places excepted, , 106 

challenges to voters; proceedings, 105 

penalty for violation, 106 

restrictions upon voting, 105 

voting to be by ballot, 105 

bribery at, 106 

penalty, 106 

check lists, use of, 106 

omission of name bars not right to vote, 106 

enrollment a prerequisite for voting, 103 

method of enrollment, 104 

caucus, at the, 104 

new enrollment, 104 

penalty for false statement, 106 

record of, 104 

large cities, provisions applicable to, 108 



INDEX. 857 

G XV COS— Co ntinued. 

challenge of voter; proceedings, 108 

disturbance of caucus, penalty, 107 

misfeasance of officer, 107 

unlawful participation; penalty, 107 

notices for: issue and posting, 105 

polls, time for opening and closing, 105 

town clerk to record enrollment, 104 

stationery and books provided by, 104 

CENSUS 

of townships to be taken, 92 
CHARCOAL 

baskets, dimensions and sealing 763 

illegal or unsealed, penalty for using, 763 

seizure of, 763 

by-laws relating to sale of, authority to make, 27 

cord, number of bushels to a, 763 

measurement and sale of, 763 

measurers of, 763 

neglect to give certificate, penalty for, 763 

penalties, appropriation and recovery of, 763 

stowage, penalty for fraudulent, 763 

CHARITABLE SOCIETIES 

exemption from taxation, 147 
CHECK LISTS 

to be used, 106 

at elections, 62 
CHILDREN (see "Adoption' 1 ) 

abandonment of; punishment, 721 

abused and neglected, commitment of, 721 

application to municipal officers, 721 

proceedings before, 721 

temporary custody by, 721 

complaint by municipal officers, 722 

proceedings before court, 722 

bond from person having custody, 722 

effect on parents' rights, 722 

restoration of custody to parents, 722 

supervision of child's welfare, 722 

support of children, town may provide for, 723 

paupers, renders not, 723 

town may recover expense, when, 723 

adoption of; application to court, 717 

allowance to adopted child, 719 

change of name on; application, 717 



858 INDEX. 

CHILDREN— Continued. 

decree, without notice, 718 

character of applicants, 718 

consent essential; from whom, 718 

decree of, conditions precedent to, 718 

annulment of, 719 

appeal from, 717 

effect of; descent of property, 718 

foreign state, made in, 718 

special provision, 718 

attendance at school compulsory, 442 

binding to service of, under fourteen, 729 

above fourteen years of age, 729 

death of master, effect of, 730 

illegitimate children, of, 718 

indenture, form of, 729 

custody of, 729 

minor entitled to sole benefit, 730 

parties bound thereby, 730 

remedies upon, 730 

transfer of minor forbidden, 730 

transportation from state forbidden, 730 

care and custody, in parents jointly, 719 

judge of probate may decree, 718 

appeal from, 718 

judgment not vacated by, 718 

contagious diseases among; precaution, 591 

exclusion from school on account of, 592 

notice to teachers of, 592 

schools closed on account of, 592 

cruelty to ; penalty, 720 

exclusion from school, 442 

contagious diseases, exposed to, 592 

unvaccinated, of, 437 

scholars, annual enumeration of. 438 

annual returns of, 438 

blanks furnished by state superintendent, 461 

notice, when returns not received, 462 

attendance at school in adjoining town, 442 

classification and transfer of, 437 

tuition of non-residents, 442 

high school, at, 448 

scholars residing on U. S. territory, 437 

school age of, 434 

school property, liability for injury to, 465 

settlement of, as paupers, 501 



INDEX. 859 

CHILDREN— Continued. 

Employment 

certificate of age protects hirer, 724 

false, penalty for making, 724 

owner of factory to require and keep on file, 727 

form furnished by state superintendent, 727 

approved by attorney general, 727 

signed by member of committee, 727 

production at request of inspector, 727 

child under twelve, employment forbidden, 725 

penalty for, 725 

child under fifteen, employed in vacation only, 725 

penalty for violation, 726 

school committee and superintendents, duties, 726 

employment, penalty for illegal, 724 

hours of labor regulated, 723 

application of sections forty-eight to fifty-five limited, 728 

employment for longer time, violation, 724 

sixty hours a week, not to exceed, 723 

special contracts for overtime, 723 

notice of hours required, to be posted, 724 

approved by attorney general, 724 

inspector of factories, etc., to furnish, 724 

owner of factory to require certificate of age, 726 

Truancy 

by-laws relating to habitual truants, 441 

approval of, 441 

truant officers alone to complain under, 441 

commitment to some institution, 441 

compulsory attendance at school, 442 

penalty for neglect by persons in charge, 442 

habitual truant, commitment of, 444 

definition of, 443 

penalty for aiding or harboring, 444 

truant officers, their election and duties, 443 

compensation of, 443 

habitual truants, to complain against, 443 

commitment of, 444 

penalty for aiding or harboring, 444 

penalty on town for neglecting to choose, 443 

prosecute, for neglecting to, 443 

vacancies filled by school committee, 443 

CHURCHES 

deacons of Protestant, a corporation, 490 

Episcopal, wardens a corporation, 490 

insurance upon buildings, 48; 



860 INDEX. 

CHURCHES —Continued. 

Methodist, officers a corporation, 490 

officers are quasi corporations, 490 

organization and powers, 490 

property, may hold, 491 

limitation of amount; powers, 491 

right to convey restricted, 491 

pews, vacant, exempt from assessment, 489 

pious uses, protection of property held for, 493 

Independent Local Churches 

incorporation of, authorized, 492 

application and notice of meeting, 492 

by-laws may prescribe duties of officers, 493 

meetings, participation in, fixed by, 493 

proceedings for organization, 492 

election of officers, 493 

meetings, how called, 493 

participants in, 493 

officers, their election, 493 

duties prescribed by by-laws, 493 

property, may take and hold, in trust, 493 

parish may convey, to church, 493 

Meeting-houses 

appraisal of pews, before sale or repairs, 495 

dissenting owner, rights of, 495 

control of, by corporation, 496 

division of time, application for, 496 

proceedings at meeting, 496 

appraisal of minority interest, 497 

expenses of board, 497 

occupation or sale by minority, 497 

erection of, incorporation for, 494 

incorporation, in manner of parishes, 494 

special provisions for; notice, 495 

proceedings at meeting, 495 

meetings, how called after three years, 496 

occupancy; division of time, 496 

appraisal of minority's interest, 497 

minority, rights of, 497 

pews, conveyance of, to parish, 494 

dissenting owner, rights of, 494 

reassignment after repairs, 495 

proprietors, application for incorporation, 495 

meetings, how called after three years, 496 

repair or sell, to; notice, 494 

appraisal of pews, 494 



INDEX. 861 

CHURCHES— Continued. 

dissenting owner, rights of, 495 

organization of; powers, 495 

proceedings for incorporation, 496 

control of house by corporation, 496 

CITIZENSHIP, 108 

CLERKS OF COURT, 88 

CLERKS OF PLANTATIONS 

duties of, 94 

election of, 93 

to make return to secretary of state, 94 

COAL 

survey of, 762 
COAL OIL 

inspection of, 775 

COAL YARD 

may be maintained by town, 39 

COLLECTORS OF TAXES, 224 
COMMON LANDS 

when divided, to be recorded, 50 

COMMON SEWERS, 412 

CONSTABLES 

when chosen, 742 

duties of, 742 

bond of, ' 742 

approval of bond, 743 

neglect or misdoings of, 743 

fees of, 743 

CORONERS 

bond of; conditions, 741 

provisions applicable thereto, 741 

annual examination of, provisions for, 741 

approval of, 741 

clerk of courts to file, 741 

delivery to treasurer of state, • 741 

new, when former insufficient, 741 

office vacated, if not given, 741 

petition of sureties, required on, 741 

provisions applicable to, 741 

burial of body of stranger by, 739 

fees of, 741 

inquests, for holding, 741 

jurors, exemption from service as, 731 

service of precepts, generally, duty as to, 741 



862 INDEX. 

CORONERS 1 INQUESTS 

authority to hold; when, 737 

arrest of persons accused at, 739 

burial of body of stranger by coroner, 739 

charge to jury, 738 

compensation of jurors, witnesses, 739 

person caring for dead body, to, 739 

constable to execute warrants, etc., 737 

fees of, 741 

penalty for neglect, 737 

. evidence to be filed with clerk of courts, 740 

expenses paid by county, 739 

fees of coroner. 741 

constable, of, 741 

jurors, of, 741 

jurors, penalty for neglect to attend as, 737 

fees of, 738 

oath of, 738 

proclamation for evidence, 738 

stenographers may be employed, 740 

talesmen may be summoned. 738 

verdict, form of, 739 

warrant for, form of, 737 

witnesses, subpoenas to, and oath of, 738 

compulsory attendance of, 738 

evidence to be in writing and signed, 738 

recognizance of, when required, 738 

COUNTY ATTORNEYS, 88 

COUNTY COMMISSIONERS 

how elected, 87 

powers of, 316 

DEAD BODIES 

abandonment and exposure of, 652 

board for collection and distribution of, 650 

distribution of bodies by, 651 

notice to, by public officers, 650 

bond for proper use of, • 651 

burial permits. 653 

concealment of. 652 

consent to use, for purposes of science, 650 

conveyance of, 651 

place without state, to; penalty, 651 

destitute persons, of; burial, 523 

disinterment without permit, prohibited, 751 

punishment for. 652 



INDEX. 863 

DEAD BODIES— Continued. 

disposal of, by public officers, 650 

distribution of, for scientific purposes, 651 

expenses paid by receivers, 652 

inquest upon, provisions for, 737 

compensation for care of, 739 

stranger, of; buried by coroner, 739 
jail, of persons dying in; disposal of, R. S. c. 82, § 59. 

notice of, 651 

keepers of public institutions, to give notice of, 651 

neglect of duty as to; penalty, 652 

physicians and surgeons, possession by, 652 

public officers to give notice of, 651 

receipts for, returned to board, 651 

science, when used for advancement of, 650 

traffic in, penalty, 652 

town clerk to keep record of, 652 

contagious disease, death from, 749 

DEATHS, 749-754 

DEBT LIMIT, 29 

DEPUTY TOWN CLERK, 21, 42 

DIRECT INITIATIVE, 795 

DISTRESS 

persons falling in, to be relieved, , 35 

DOGS 

by-laws relating to, authority to make, 27 

damages by; liability for, 642 

injuries to domestic animals, for, 642 

liability of owners, joint and several, 644 

procedure upon complaint for, 642 

reimbursement of towns by state, 644 

dangerous dogs, complaint to magistrate, 644 

proceedings and order of magistrate, 645 

subsequent injuries, liability for, 645 

killing, justifiable, 644 

licensed, unjustifiably; penalty, 644 

neglect of duty by officer; penalty, 644 

owner or keeper liable to town, 642 

stealing licensed dog; penalty, 644 

Licenses 

account of receipts and expenditures, 641 

assessors to make lists, annually, 640 

clerks of towns, etc., to issue, (540 

date of issue, 640 

fees for males and females, 641 



£64 INDEX. 

DOGS — Continued. 

keeping without, penalty, 641 

killing unlicensed, procedure, 641 

law, copies of, to be posted, 642 

towns to pay amount of licenses to state, 640 

balance credited on state tax, 643 

deficiency added to state tax, 640 

warrant to kill unlicensed dogs, 642 

return of, contents, 643 

DRAINS AND SEWERS 

action at law to collect assessments, 418 

arbitration of assessment, 417 

entrance permits, of, 419 

payment of award: fees of arbitrators, 424 

record of award, 424 

assessment for benefits; notice, 415 

acceptance of provisions by town, 419 

action at law for; interest, 419 

arbitration, determination by, 417 

clerk to make and certify list of, 418 

lien created to secure payment, 418 

in favor of person paying, 419 

assessments; sale of lots for non-payment, 418 

redemption from, 418 

common drains; apportionment of expense, 424 

appeal to county commissioners, 424 

notice of amount; payment, 424 

opening, notice of, 425 

construction and control of public, 413 

authorized by vote of town, 413 

railroad, across right of way of, 415 

taking of land for, 413 

assessment of damages, 415 

highways not to be opened without consent, 412 

highway ditches, construction of, 425 

land taken for; limitation, 425 

assessment of damages. 425 

maintenance, liability for, 425 

willful interference with, 425 

injury to public, liability for, 424 

lands, mines, etc. ; drainage of inaccessible, 425 

bond for costs and damages, 425 

committee, appointment of, 425 

proceedings before, 425 

report of, acceptance, 426 

record of, 426 



INDEX. 865 

DRAINS AND SEWERS— Continued. 

improvements of drains and ditches, 426 

damages, how ascertained, 426 

injury to drains and ditches; penalty, 426 

location of drains and ditches, 426 

damages, assessment of, 426 

payment of, 426 

petition to county commissioners, 425 

proceedings before, 425 

repairs of drains and ditches, 426 

municipal officers, may construct public, 412 

proceedings of; record of permits, 424 

common drain, to apportion expense of, 424 

notice; payment, 424 

opening, notice of, 425 

highway ditches, may construct, 425 

nuisance caused by private drain, 420 

private drains; conditions of entrance, 417 

another provision, 419 

arbitration of sum to be paid therefor, 419 

payment of award; record, 424 

entrance without, drain may be destroyed, 420 

penalty for, 420 

forfeiture of, 420 

record of, 424 

violation of conditions, 420 

prosecutions controlled by municipal officers, 424 

railroad, across right of way of, 415 

streets not to be opened without consent, 412 

town, management when constructed by, 420 

maintenance and repair of public, by, 421 

treasurer to enforce assessments by sale, 418 

violation of conditions of permit, 420 

DRINKING FOUNTAINS 

provision relating to, 323 

DRINKING TROUGHS, 323 

road leading to, 334 

DUTY TO SUPPORT KINDRED, 535 

DUTY TO SUPPORT POOR, 514 
EDUCATION OF YOUTH, 427-486 
ELECTION CLERKS 

appointment, duties, 130 

assistance to voter by, 134 

penalty for wrongful, 135 

55 



866 INDEX. 

ELECTION CLERKS— Continued. 

candidates ineligible to be, 130 

vacancies filled by municipal officers, 130 

ELECTIONS 

adjourned, 67 

caucus, compulsory method of holding, 104 

application limited, 106 

bribery at, 106 

penalty, 106 

challenges to voters; proceedings, 105 

check lists, use of, 106 

omission of name bars not right to vote, 106 

enrollment a prerequisite for voting, 103 

method of enrollment, 104 

caucus, at the, 104 

new enrollment, 104 

penalty for false statement, 106 

record of, 104 

large cities, provisions applicable to, 108 

challenge of voter; proceedings, 107 

disturbance of caucus, penalty, 106 

misfeasance of officer, 107 

unlawful participation, penalty, 107 

notices for; issue and posting, 105 

hours for opening and closing polls, 105 

penalty for violation, 106 

polls, time for opening and closing, 105 

restrictions upon voting, 105 

town clerk to record enrollment, 104 

stationery and books provided by, 104 

voting to be by ballot, 105 

check list, when used in town elections, 62 

cities, in; general provisions, 90 

assessors and subordinate officers, of, 92 

warden and ward clerk, of, 92 

congress, of representatives to, 71 

meetings for, how conducted, 67 

counting of ballots, 68 

return of votes, 96 

senators, of, 71 

vacancy, election to fill, 83 

county commissioners, of; biennially, 87 

conduct; record and return of votes, 87 

county treasurer, election of, 67, 83 

meetings for, how conducted, 67, 83 



INDEX. 867 

ELECTIONS— Continued. 

governor, of, 70 

cities, in, 90 

plantation officers, of, 94 

provisions as to towns applicable, 94 

political conventions, challenges at, 107 

application limited, 108 

disturbance of, penalty, 106 

misfeasance of officer at, 107 

participation, penalty for unlawful, 107 

Portland, elections in island .wards, 91 

presidential electors, of, 98 

blank returns for election of, 99 

certificate of election, 98 

compensation of, 100 

duties of town and city officers, 99 

governor and council to count votes for, 98 

meetings for, how conducted, 67 

counting of ballots, 68 

proceedings of, 100 

secretary of, and other officers, 100 

voters for, duties of, 99 

votes for, casting and return of, 98 

qualifications of voters, 

statutory provision, 108 

exemption from, how established, 109 

neglect to enforce, penalty, 117 

registers of deeds, of; tenure, 84 

determination of results, 84 

meetings for, how conducted, 67 

representatives to legislature, of, 73, 76 

apportionment of, 73 

choice, proceedings when no, 74 

cities, in, 91 

classed towns, in, 76 

call of meetings for, 77 

contest, notice of; procedure, 74 

contest; petition when presented, 74 

cities, in, 90 

summons to members elect, 73 

vacancy, how filled, unclassed town, 73 

cities, in, 91 

classed towns, in, 76 

call of meetings for, 77 

returns, distribution of blanks for, R. S. c. 2, § 53. 



868 index. 

ELECTIONS— Continued. 

state elections, of; how made, 69 

delinquent, notice of, 69 

lost, how supplied, 69 

certificate signed and sworn to, 69 

sealed and forwarded, 69 

senators, of state, 73 

apportionment of, 71 

cities, in, 90 

state election, cities, in, 90 

town meetings, general provisions, 9, 10 

annual, for election of officers, 18 

check list, when used, 62 

road commissioner, of, 348 

Conduct and Returns 

ballot boxes, construction of: evasion, 67 

town to provide, 66 

ballot clerks, designation of; duties, 129 

assistance to voter by, 134 

penalty for wrongful, 135 

ballots delivered to, by election officers, 128 

candidates ineligible to be, 130 

distribute ballots and check names, to, 132 

vacancies filled by municipal officers, 131 

ward lists, to certify, 116 

ballots, how obtained by voter, 132 

city clerks to provide two sets, 127 

disposal of, 128 

contents and size of official, 125 

counting, provisions as to, 68 

defacing or destroying, penalty, 135 

specimen, as to, 135 

defective, not counted; preserved, 134 

distribution by town clerks, 128 

voters, to, 132 

loss of, provisions in such case, 128 

marking and casting of, 132 

assistance in marking, 134 

penalty for wrongfully assisting, 135 

''stickers," use authorized, 133 

number to be furnished, 126 

official, only, to be cast and counted, 134 

packages of, 125 

polling place, not to be removed from, 133 

printed and distributed at public expense, 121-122 

record of number printed and supplied, 126 



INDEX. 869 

ELECTIONS— Continued. 

sealed and preserved as a public record, 133 

secretary of state to forward two sets, 127 

disposal of, 128 

sorted and counted in open meeting, 133 

specimen to be furnished, 126 

penalty for defacing, etc., 134 

posted, 128 

spoiled, disposal of, 133 

candidates, lists of, published and posted, 126 

city elections, for, 127 

penalty for defacing, etc., 135 

certificates of nomination, contents, 123 

amendment of, 124 

filing of, 123 

opening, inspection and preservation, 124 

penalty for frauds as to, 135 

vacancies, how supplied, 124 

validity of, 124 

check list, 

ballot clerks, duplicates for, 129 

penalty for willful neglect, 103 

preserved by town clerk, 66 

sealed and preserved as a public record. 133 

town elections, use of, in, 62 

penalty for willful neglect, etc., . 62 

wardens to be governed by, 115 

cities, state elections in, 90 

wardens, duties of, 90 

choice, pro tempore, 91 

island wards of Portland, 91 

consent of nominee to be filed, 123 

counting of ballots, 68 

election clerks, appointment, duties, 129 

asistance to voter by, 134 

penalty for wrongful, 135 

candidates ineligible to be, 129 

vacancies rilled by municipal officers, 129 

instructions, cards of, to be provided, 126 

distributed by secretary of state, 127 

penalty for defacing, etc., 135 

posted at voting places, 12S 

islands, rights of voters on, 96 

Portland, in, 91 

conduct of meetings, 91 



870 INDEX. 

ELECTIONS— Continued. 

meetings, hour of opening, 134 

towns and plantations, in certain, 134 

nomination papers, contents, . 123 

amendment of, 124 

filing of, 123 

opening, inspection and preservation, 124 

penalty for frauds as to, 135 

signatures to, 122 

vacancies, how supplied, 124 

validity of, 124 

nominations by whom made, 122 

convention or caucus, by, 122 

nomination papers, by, 123 

vacancies, how supplied, 124 

plantations, elections, procedure at, 92 

voters in unorganized, 96 

polling districts, when and how defined, 128 

warden and clerk for, appointment of, 128 

polls, hours of opening and closing, 134 

plurality of votes decides, 68 

returns of votes at state elections, 69 

delinquent, notice of, 69 

lost, how supplied, 69 

certificate, signed and sworn to, 69 

penalty for false, 100 

sealed and forwarded, 69 

shelves for voters, and guard rail, 131 

state elections, check list must be used, 103 

penalty for willful neglect, 103 

presiding officers have powers of moderators, 65 

return of votes, 69 

delinquent, notice of, 69 

lost, how supplied, 69 

certificate, signed and sworn to, 69 

penalty for false, 100 

sealed and forwarded, 69 

selectmen pro tempore may be chosen, 65 

presiding officer during choice, 65 

sworn; powers of, 65 

vote of person not qualified, refused, 65 

voting place, when town divided, 65 

warrants for, when issued in towns, 63 

cities, in, 90 

"stickers"; use authorized, 133 

unorganized places, rights of voters in, 96 



INDEX. 871 

ELECTIONS— Continued. 

voter, announcement of name, 60 

exhibition of ballot by, penalty, 134 

voters ; neglect to deposit or post list of, 102 

penalties recovered by, when, 67 

votes, fraudulently receiving illegal, 103 

penalty, how recovered, 103 

voting in wrong place, knowingly, 101 

in wrong name, 101 

willfully hindering, 135 

voting lists, injuring or defacing, 118 

ward, registration in more than one, 118 

ward lists, failure to preserve, 116 

warrant, neglect of constable to serve, 102 

municipal officers, of, to issue, 102 

ELECTORAL DISTRICTS, 71, 77, 82 

EMINENT DOMAIN, 39-41, 299-302, 303, et seq. 

EMPLOYMENT AGENCIES 

licenses, how granted, 653 

license, term of, 653 

bond to be given, 654 

fees of agent, 654 

act does not apply to seamen, 655 

penalty for violation of law of, 655 

EMPLOYMENT OF CHILDREN, 719 

EXEMPTION FROM ATTACHMENT, 687 

EXPLOSIVES AND FIREARMS 

authorized regulations for keeping, 656 

publication of, 657 

damages caused by explosion of, 658 

fireworks, sale regulated, 657 

mufflers, forbidden, 658 

search warrant for, 658 

toy pistols, sale prohibited, 657 

ENGINES 

license for; use without, prohibited, 655 

notice and hearing on application, 655 

appeal from selectmen, 655 

injunction issued pending appeal, 655 

nuisance, used without license, a 656 

abatement and removal of, 656 

steam boiler to have fusible plug, 656 

FENCES 

adjoining owners, when to maintain, 659 



872 JNDEX. 

FENCES— Continued. 

application for order to repair, 660 

complainant may repair, order not obeyed, 660 

remedy of complainant, 661 

disagreement as to liability, 661 

agreements for division of, when binding, 663 

validity of, recognized, 663 

assignment by fence viewers, 661 

neglect to build part assigned, 662 

town line, on; selection of fence viewers, 663 

owner desiring to occupy in severalty, 662 

boundaries of ways, when taken as true, 669 

nuisances, declared not to be, 607 

burying grounds of corporations, around, 645 

penalty for neglect; its application, 645 

construction of, when legal, 659 

division of, when binding, 663 

house lots, provisions as to, 664 

lands held in common, assignment on, 662 

laid common, fence to remain, 663 

lien for double value of part assigned, 662 

line of, may vary from dividing, 662 

maintenance of, 659 

neglect, proceedings in case of, 660 

remedy of complainant, 661 

malicious injury to; penalty, 670 

notice of intention, to lay land common, 663 

nuisances, when high fences are private, 606 

owners desiring to occupy in severalty, 662 

determining not to improve; notice, 663 

fence to remain, upon appraisal, 663 

value of fence built secured to, 663 

parish to fence ancient burying ground, 646 

penalty for neglect; its application, 646 

liability of officers failing to apply, 646 

railroad, penalty for removing, 671 

removal of, to prevent drifting of snow, 670 

repair throughout the year, to be kept in, 662 

school grounds, for; at expense of town, 428 

street railroads, obligations of, 400 

town to fence ancient burying ground, 646 

penalty for neglect; its application, 646 

liability of officers failing to apply, 646 

valuation of, when land not improved 662 

when land hitherto open is enclosed, 663 



INDEX. 873 

FENCES— Continued. 

variation from true line, 662 

ways, across; removal, exception, 345 
Common Fields 

apportionment of fence ; record, 665 

unoccupied lands excluded, 667 

assessments upon proprietors, 665 

abatement of, 665 

assessors of proprietors to be sworn, 665 

clerk of proprietors to be sworn, 665 

warrant to collector issued by, 665 

collector of proprietors, duties of, - 665 

election of officers by proprietors, 665 

enclosure of, by application to court, 668 

rights of proprietors, 668 

exemption of certain old organizations, 667 

fence to be apportioned, 665 

maintenance of, 665 

owner relieved of expense for, 665 

repairs, made by others after notice, 666 

actions for double cost of, 666 

sudden injury, in case of, qqq 

unoccupied lands excluded, 667 

injuries to proprietors; remedy, 666 

lines between owners, when to be run, 666 

meetings of proprietors; call, 664 

notice of, 664 

votes at, 665 

organization, discontinuance of, 667 

partition of, proceedings for, 667 

proprietors, election of officers by, 665 

expenses, when not liable for share of, 665 

apportioned among, 665 

injury to, by beasts of a stranger, 666 

by defect in co-proprietor's fence, 666 

lines between, when to be run, 666 

powers of, 665 

rights of, 664 

when field established by court, 668 

violating regulations, trespassers, 666 

votes of, 665 

regulations, violation of, Q66 

rights of proprietors; when enclosed, 664 

when established by court, 668 

FENCE VIEWERS 

findings of to be recorded, 50 



874 INDEX. 

FERRY 

county commissioners to license and fix tolls, 403 

apportion expense between towns. 403 

ice on tidal waters, ways over. 404 

Somerset county, of; jurisdiction. 405 

discontinuance of. 403 

disorderly conduct on. penalty, 389 

person in charge may arrest offender. 389 

establishment of; tolls, 403 

expense, county commissioners to apportion. 403 

ferryman, duties of; penalty. 403 

ice, to maintain passageway over. 404 

penalty for neglect, 404 

juror, exemption from service as, 731 

license of: bond. 403 

forfeiture of. 404 

negligence of, liability, 403 

removal, and appraisal of property. 403 

steam or horse boats, use prohibited, 404 

town to provide, 403 

ice on tidal waters, way over, 404 

neglect to maintain, penalty, 404 

keeping without authority, penalty. 404 

license of ferryman; revocation. 403 

neglect to maintain, penalty, 403 

duties, of, by ferryman, penalty, 403. 

obstruction of, penalty, 405 

piers may be sunk, to guide boats. 405 

Somerset and Kennebec counties, between, 405 

steam or horse boats, for; rights exclusive, 404 

danger, other boats used in times of, 404 

use by licensed ferryman, prohibited, 404 

toll houses, land may be taken for. 358 

transportation, without authority. 404 

weir, obstruction of ferry by; penalty. 405 

FIRE 

aqueducts, rights of towns to take water from, 40 

buildings, destruction of, to stay, 613 

compensation for, 614 

doors in public, to open outwards, 620 

kept open, when building in use, 620 

entry of, for purpose of investigation, ' 623 

inspection as to safety against fire, 620 

certificate of safety given, 621 



LNDEX. 875 

FIRE— Continued. 

penalty for neglect as to, 621 

posting and effect of, 621 

compensation for, 621 

return and record of certificates, 621 

occupation of, in maritime towns, 615 

damages for, when set on another's land, 615 

general provisions as to, 616 

liability for, when kindled on own land, 616 

dangerous premises, examination of, 619 

neglect of inspector's orders, penalty, 619 

jurisdiction of offenses, 619 

engineers, authorized appointment of, 612 

authority of, under special laws, 614 

powers and duties of, 612 

towns responsible for acts of, 612 

enginemen, authorized appointment of, 612 

authority of, under special laws, 614 

by-laws relating to, authorized, 612 

discharge of, for negligence, 612 

duties and liabilities of, 612 

fires, duties at, 613 

jury duty, exempt from, 613 

meetings for election of officers, 613 

monthly and at other times, 613 

rules and regulations, may make, 613 

tenure, 613 

explosives, regulations for keeping, 616 

damages caused by explosion of, 616 

publication of regulations, 617 

search warrant for, 616 

fire escapes required on buildings, 50, 620 

fines and forfeitures, disposal of, 621 

inspection as to sufficiency of, 620 

notice of decision and requirements, 620 

neglect to comply with order, 621 

use of building forbidden, 621 

use in violation of order, penalty, 621 

neglect of duty by officers; penalty, 621 

fire insurance companies to report losses, 623 

penalty for neglect, 624 

fire wards, duties of, at fires, 613 

demolition of buildings, 014 

election of, 613 

preservation of property by, 614 

special laws, powers under, 614 



876 index. 

FIRE— Continued. 

innholders, liability for guests' losses, 626 

inspection of new buildings, 617 

certificate of safety, before occupancy, 618 

appeal upon refusal, 618 

fine, if building occupied without, . 618 

jurisdiction of offenses, 619 

inspection of buildings under repair, 617 

neglect of inspector's orders, 618 

jurisdiction of offenses, 619 

inspection of chimneys, boilers, etc., 618 

neglect of inspector's orders, penalty, 618 

jurisdiction of offenses, 619 

insurance commissioner, investigation by, 622 

appropriation for, 623 

buildings, may enter, 623 

companies to report fire losses to, 623 

penalty for neglect, 624 

evidence of crime furnished county attorney, 622 

municipal investigation, to supervise, 622 

return of municipal officers, 622 

penalty for neglect, 624 

notice to, by municipal officers, 622 

penalty for neglect to give, 624 

record of investigations, 622 

sessions may be private, 623 

testimony on oath and in writing, 622 

investigation of, by municipal officers, 622 

return of findings to insurance commissioner, 622 

record of, by commissioner, 622 

municipal officers, by, 624 

sessions may be private, 623 

witnesses compelled to attend; oath, 623 

lumber drivers may kindle, when necessary, 616 

liability for, restricted, 616 

neglect of duty as to investigation of fires, 624 

fire escapes, as to, 621 

negligence, liability for, 616 

common law, liability at, 616 

notice to insurance commissioner of, 622 

penalty for neglect to give, 624 

penalties, recovery and disposal of, 617 

precautions in kindling, 616 

liability for negligence, 616 

railroad, along; liability of company, 387 

repair of dangerous chimneys, etc., 615 



INDEX. 877 

FIREPROOF VAULTS 

town to provide, 51 

FISH 

propagation and protection of, 39 

FISH AND GAME LAWS, 795 

FLOUR 

inspection of, 775 

FOOD 

inspection of, 775 

FORTNIGHTLY PAYMENT OF WAGES 

employers to receive, 730 
FREE HIGH SCHOOL 

collector to collect tax for, 271 

FORMS 

notice of perambulation, 5 

return of perambulation, 5 
petition to supreme court for appointment of commissioners 

for perambulation, 5 

petition to court to settle disputed town lines, 6 

commissioners 1 report, 6 

warrant for town meeting, 11 
application to court when selectmen refuse to insert article in 

warrant, 11 

warrant open upon application, 11 

constable's return on back of warrant, 12 

warrant for calling annual meeting for town purposes, 18 

constable's return, 18 

appointment of town officers by selectmen, 19 

appointment of deputy clerk, 21 

oath of moderator, 22 

oath of town clerk, 24 

warrant to notify officers to take oath, 25 

return of constable, 25 

oath of town officers, 26 

certificate of oath of town officers, 26 

appointment of deputy clerk by clerk, 42 

appointment of clerk to fill vacancy, 42 

list of voters, 62 

warrant for state election, 63 

return on same, 63 

certificate of election of representatives, 74 

certificate of election of representatives in classified towns, 76 

certificate of election of senators, 83 

return of votes for governor, 97 



878 index. • 

FORMS— Continued. 

return of votes for president, 99 

enrollment of voter, 104 

oath of voter, 104 

assessors' notice for the purpose of receiving lists, 177 

schedule of real and personal estate, 177 

application to assessors for abatement of taxes, 182 

application to county commissioners for abatement of taxes, 183 

warrant for collection of taxes, 193 

certificate of assessment, 193 
warrant for completion of collection of taxes, 204, 206 

notice of unpaid taxes, for posting, 216 

collector's return to town clerk, 219 

schedule of property taxed, 220 

collector's bond, 225 

order for action of debt for collection of taxes, 229 

notice of unpaid taxes, 251 

summons to pay personal and poll taxes, 254 

collector's warrant to constable to collect delinquent taxes, 255 

return of warrant of distress and sale, 256 

return of arrest and committment, 257 

advertisement and sale of lands of non-resident owners, 257 

return to town clerk, 257 

collector's notice of sale of lands of resident owners, 258 

return to town clerk, 258 

collector's notice to occupant or owner, 259 

collector's certificate to town treasurer of tax sales, 259 

collector's return to town clerk of tax sales, 260 

collector's tax deed, non-resident owner, 261 

collector's tax deed, resident owner, 263 

collector's warrant, 265 

form of tax bill, 267 

town treasurer's bond, 269 

appointment of deputy treasurer, 270 

appointment of treasurer to fill vacancy, 270 

claimant's certificate for bounty on wolves killed, 273 

warrant when collector neglects duty, 275 

summons to person neglecting to pay tax, . 277 

license to victualers and innholders, 277 

notice to lay out way, 280 

laying out of way, 280 
petition to county commissioners when town refuses to lay out 

way, 217 

certificate of organization of street railroad company, 394 

application for organization of water company, 406 

form of warrant of distress, 406 



INDEX. 879 

FORMS— Continued. 

certificate to take charge of steam plant in public building, 475 

age and schooling certificate, 483 

application for forming free high school precinct, 485 

return of same, 486 
certificate of superintending school committee of dismissal of 

teacher, 486 

certificate of expulsion of scholar, 486 

application for organization of a parish, 487 

warrant to call meeting, 487 

notification, 488 

return of notification, 488 

indenture binding persons over twenty-one years of age, 520 

notice of overseers of poor to remove person falling in distress, 529 

denial of settlement, 529 

complaint, 544 

warrant, 545 

officer's return, 545 

record of examination, 546 

bond, conditioned for appearance, 546 

bond, conditioned for payment of support. 547 

bond, conditioned to indemnify town, 547 

mittimus, 547 

declaration, 548 

order of commitment to workhouse, 549 

warrant to abate nuisance, 608 

appointment of police officers, 624 

innholder's license, 625 

license for public exhibitions of bowling alleys, 633 

complaint to fence viewers, 660 

notice of hearing, 661 

assignment, 662 

appraisement of value of partition fence. 663 

warrant to appraise lost goods, 672 

appraisal to be made on the warrant, 672 

license for auctioneers, 674 

writ enforcing lien, 697 

notice to ship owners of lien claim, 699 

certificate of age and schooling of children, 727 

venire and return of officer for jurors, 733 

notice of meeting to draw jurors, 734 

notice to juror, 736 

notice of investigation by coroners, 737 

oath of coroner's jury, 738 

notice of inquisition, 739 

constable's bond, 742 



880 INDEX. 

FORMS— Continued. 

approval of bond, 743 

marriage bond, 754 

certificate of marriage, 755 

reference of disputes, 755 

miscellaneous, 823 
GAMBLING. 

action to recover money lost by, 637 

evidence ; rule when loser is plaintiff, 638 

execution; form of, 637 

commitment upon; proceedings, 637 

limitation of action, 637 

enforcement of law against, 636 

gambling house, keeping; penalty, 636 

another provision, 605 

arrest of keeper, upon search, 638 

common nuisances, are, 605 

abatement, application for, 605 

frequenters of, punishment, 550 

implements; search warrants for, 638 

destroyed by order of court, 638 

innholders not to permit, 627 

landlord, liability for letting building, 606 

lease avoided by keeping, 605 

owner, remedy of, 605 

pool selling; crime and punishment, 637 

punishment for, 636 

winning more than three dollars, 637 

double forfeiture to use of town, 637 

railroad trains and steamboats, on, 637 

conductors, etc., to make arrests, 637 

copy of law to be posted, 637 

penalty for neglect, 637 

securities given for debts, void, 638 

victualers not to permit, 627 

GAME LAWS, 795 

GUIDEPOSTS 

maintenance by towns; description, 358 

penalty for neglect, 358 

municipal officers, liability of. 359 

plantations obligated as towns, 359 

malicious injury to; punishment, 359 

municipal officers liable to fine for not maintaining, 359 

HARBORS 

provisions relating to. 784 



INDEX. 881 

HARBOR MASTERS, 787 

HAY 

how branded, 676 

lien for cutting, 676 

lien for pressing, 676 

what quantity exempt, 677 

city may appoint weighers of, 677 

HEALTH, BOARDS OF 
Local 

appointment of, 587 

failure of municipal officers to make, 587 

arrivals, may require notice of, 560 

penalty for failure to give, 560 

restrictions, may impose, 560 

expulsion for non-compliance, 560 

return without license, penalty, 560 

assistance, member may command, 593 

by-laws, may make, subject to approval, 588 

notice of, given by publication, 588 

penalty for violation of, 594 

carcass of animal, may order burial of, 565 

penalty for non-compliance, 565 

certificate of immunity from infection, 591 

compulsory disinfection by, 590 

expenses, how recovered, 590 

penalty for non-compliance, 590 

conditions of removal, prescribed by, 591 

contagious diseases, to guard against, 590 

conveyance, disinfection of, by, 593 

destruction of exposed goods, may order, 592 

disinfection, may prescribe methods of, 592 

compulsory, of exposed bedding, etc., 592 

dwellings, may order cleansing of, 592 

vacating of, until cleansed, 592 

penalty for reoccupation, while unfit, 592 

employees, compensation of, 588 

glanders, to investigate cases of, 582 

health officer, appointment of, 588 

assistance, may command, 593 

authority, as to quarantine, 568 

certificate of immunity from infection, 591 

conditions of removal, prescribed by, 591 

conveyance, disinfection of, by, 59o 

executive officer of board of health, 588 

56 



882 INDEX. 

HEALTH, BOARDS OF— Continued. 

glanders, to investigate cases of, 582 

householder to give notice to, 590 

physician to give notice to, 591 

proceedings in case of neglect, 591 

health officer; powers and duties prescribed, 590 

proceedings, to report to state board, 588 

qualifications and salary, 588 

rules of state board of health, to enforce, 598 

salary fixed by municipal officers, 588 

tuberculosis in animals, duties as to, 582 

hospitals, may license, 601 

establishment of; control, 604 

houses containing sick, deemed, 601 

inmates subject to regulations, 601 

removal to, authorized, 601 

violation of regulations, 605 

houses, to approve disinfection of, 598 

householder to give notice of disease to, 590 

infected prisoners, removal of, by, 561 

copy of order returned to clerk of courts, 561 

meeting for organization, 588 

regular and special meetings, 588 

nuisances, to examine and abate, 588 

removal of, may order, 565 

payment of expenses, 565 

penalty for non-compliance, 565 

nurses for the sick, may provide, 559 

officers, election of, 588 

duties of, 588 

names reported to state board, 588 

secretary, when executive officer, 588 

duties, when no health officer, 588 

failure of physician to notify, 591 

physician to give notice of disease, 591 

proceedings in case of neglect, 591 

powers of, 588 

precautions may be prescribed by. 591 

quarantine, may establish, 567 

evasion of, by master; penalty, 568 

expenses, payment of, 568 

pilots, notice to; their duties, 568 

neglect of duty; penalty, 568 

restrictions upon persons during, 568 

signals to be displayed, 568 

removal and care of sick, to provide for, 559 



INDEX. 883 

HEALTH, BOARDS OF— Continued. 

reports of proceedings to state board, 588 

special, of cases of contagious disease, 590 

rules of state board of health, to enforce, 598 

schoolhouses, to cause disinfection of, 592 

school-teachers, notice to, 592 

duties, as to exclusion of scholars, 592 

state boundary, may guard, 560 

penalty for non-compliance, 560 

tuberculosis in animals, duties as to, 582 

vacancy filled by municipal officers, 587 

state board of health, when by, 588 

vaccination, to provide free, 594 

compulsory in paper mills, 596 

examination of employees, 596 

lists of employees to be furnished, 596 

penalty for violations, 596 

supervision by board of health, 596 

notice of violations, 596 

vessels, examination of persons on board, 567 

refusal to answer; penalty, 567 

HIGHWAYS 

location, alteration and discontinuance of, 303-315 

repair of, 322-344 

obstructions in, 345-347 

HISTORIES 

of town, 34 

HOLMES NOTE 

to be recorded, 49 
HOOPS 

survey of, 762 

HOSPITALS, 604 
HOUSES OF CORRECTION 

authorized establishment by towns, 550 

almshouse may be used, 550 

births and deaths at, notice of, 750 

commitment to, by magistrates, 550 

duration of, 550 

extension of confinement, ">51 

magistrates only, by; upon conviction, 552 

notice to town of settlement, 551 

pauper returning after removal, of, 532 

intemperate, when notoriously, 515 

persons liable to, 550 



884 INDEX. 

HOUSES OF CORRECTION— Continued. 

contagious disease; removal of inmates, 561 

incorrigibles from state school for boys, 550 

inmates, employment of, 551 

master to keep account of earnings, 552 

punishment of, 551 

restraint of ; when insubordinate, 551 

support of; payment of expenses, 551 

recovery from town of settlement, 552 

kindred, from, 552 

master; appointment, compensation, 551 

account of earnings of inmates, to keep, 552 

employment of inmates, 551 

notice to overseers of the poor, to give, 551 

punishment of inmates, 551 

restraint of inmates, by fetters, etc., 551 

overseers of the poor to have charge, 551 

care of sick inmates, 551 

examination of management by, 551 

extension of commitment, may procure, 551 

notice of commitment, duties as to, 551 

pauper returning after removal, sent to, 532 

intemperate, also, upon complaint, 515 

person liable to, may be bound out, 520 

rules, establishment, 551 

HYDRANTS 27 
INNHOLDERS 

authority to license, 625 

bond of; its form, 625 

defrauding, penalty for, 628 

copies of law to be posted, 628 

drunkenness not to be permitted, 627 

duty to provide entertainment, 626 

fire, liability to guests in case of, 626 

fire escapes required on inns, • 620 

gambling on premises prohibited; penalty, 627 

guests 1 losses, liability for, limited, 626 

fire, in case of, 626 

negligence of guests a defense, 626 

license, authority to grant, 272, 625 

bond filed before receiving, 625 

fees required; record, 626 

revocation, 625 

special meetings, may be granted at, 277, 626 

lien in favor of, on goods of guests, 629 



INDEX. 885 

IXXHOLDERS— Continued. 

Lord's Day, not to allow gambling, etc., on, 630 

penalty for being without license, 627 

prosecutions for penalties, 627 

qualifications entitling to license, 625 

rioting, etc., not to be permitted, 627 

INSANE PERSONS 

definition of term "insane person,' 1 553 

parents to support, 553 

guardians to support, 553 

examination of, 553 

insanity, how proved, 554 

support after commitment, 554 

trustee of hospital to investigate, 554 

duty of municipal officers, 555 

justices of peace to act, 555 

support of, 556 

board of, 556 

clothing of, 556 

discharge of, 557 

guardians to be appointed, . 558 

bringing in, to charge town, penalty, 515 

INTEREST 

application of sections limiting, 694 

assessments on abutters on city streets, on, 299 

redemption after sale, on, 298 

burial lots, on funds for care of, 420 

legal rate, in absence of written agreement, 693 
mortgage or pledge of personal property, on, \ 694 

discharge, when for less than two hundred dollars, 694 

refusal to restore property; penalty, 694 

tender, by whom made, 694 

household furniture, on; validity, 694 

violation reduces to legal rate, 694 

pawnbrokers, rate chargeable by, 694 

certain limitations apply not to, 694 

sewer assessments, on, 418 

tax, in action to recover illegal, 202 
taxes, on; authorization of, see "Taxes", 

trust funds held by towns, on; how fixed, 38 

burial lots, for care of, 420 
ITINERANT VENDORS 

authorized construction of term, 687 

advertising bankrupt, etc., sale, regulated, 685 

failure to comply, consequences of, 685 



886 INDEX. 

ITINERANT VENDORS— Continued. 

constables to prosecute violations, 685 

deposit required of, 683 

attachment and trustee process, subject to, 686 

disposal of, 686 

security for fines and penalties, 686 

jurisdiction of prosecutions, 687 

notice of penalties to secretary of state, 686 

licenses required of, 683 

false statement in application, 685 

local, application for; specifications, 684 

assessors of taxes, duties of, 684 

reports to, by collectors, etc., 685 

authority to sell under; limit, 684 

collector of taxes, duties of, 684 

action for local license fees, 685 

enforcement by, 685 

reports by, to assessors, 685 

false statement in application; penalty, 685 

fees for, how computed, ^^^/ 684 

additional, upon increase of stock, 684 

collected by suit, 685 

lien on stock for, 685 

neglect to apply for, penalty, 685 

supplemental, when required, 684 

increase of stock without; penalty, 684 

records, open to public inspection, 683 

state, applications for, to be on oath, 683 

deposit required, 683 

attachment, subject to, 686 

disposal of, 686 

security for fines and penalties, 686 

fees for; form, 683 

filed with collector of taxes, 684 

issued by secretary of state, 683 

not transferable, 683 

one only to be held at same time, 683 

surrender for cancellation, 686 

proceedings upon, 686 

term limited to one year, 686 

violations of law to avoid, 683 

local dealer, association with, exempts not. 687 

penalties not substitutes for license fees, 685 

deposit is security for, 686 

report of, to secretary of state, 686 



INDEX. / 887 

ITINERANT VENDORS— Continued. 

persons included in term, 687 

not included, 687 

police officers to prosecute violations, 685 

reports by collectors, etc., to assessors, 685 

sacrifice sale, advertising prohibited, unless, 685 

failure to comply, consequences of, 685 

sales, without license ; penalty, 682 

advertising before license issued, 682 

tax collectors to prosecute violations, 685 

JUDGES OF PROBATE, 89 

JURORS 

selection and service of, 

list to be kept by town clerk, 50 
board to prepare list of, 272, 731 

new list every three years, 731 

persons exempt from serving, 731 

list of to be approved by town, 732 

town keep names in box, 732 

how drawn, 732 

county divided into districts, 732 

grand and traverse, how drawn, 732 
venires, how served, 732, 733 
direction for drawing jurors, 734, 735 

notice to jurors, 736 

when jurors shall attend court, 736 

penalty for neglect of municipal officers, 736 

penalty for neglect of sheriff to perform duties, 736 

penalty of juror for not attending, 736 
JUSTICE OF THE PEACE 

fees of, 757-758 

KINDRED 

death of, notice by next of kin, 750 

degrees of, how computed, 819 

liability for support; of insane, 556 

inmates of house of correction, 552 

paupers, of; for past support, 536 

complaint and proceedings thereon, 538 

future support may be ordered, 538 

degrees of, liable, 535 

duty, in proportion to ability, 535 

further orders may be made, 538 

respondents have costs, if complaint fails, 538 

warrant of distress to enforce payment, 536 

renewal of, 53S 

marriage between, when unlawful, 744 



888 INDEX. 

LEATHER, BOOTS AND SHOES 

inspection of, 761 
LIBRARIES 

application for organization, 677 

certificate of organization, 678 

corporation, organization of, 678 

power to hold property; of disposal, 678 

warrant for first meeting, 677 

service of, 678 
County Law Libbabies 

authorized incorporation, 679 

clerk, election of 679 

duties of, 678 

meeting for organization; notice, 679 

proceedings at, 679 

officers, election of, 679 

treasurer, duties of, 679 

settlement of accounts annually, 679 
Public Libeabies 

authorized establishment by towns, 679 

village corporations, by, 679 

appropriations for, by towns, 6T9 

amount annually certified, 680 

joint libraries by two or more towns, for, 680 

use of, in adjoining town, for, 680 

corporation, when owned by, 680 

village corporations, by, 680 

branches, establishment authorized, 679 

joint libraries, of, 680 

building, towns may take land for, 39 

corporation, owned by, when deemed a, 680 

donations of books for, from state library, 681 

appropriation by town, a prerequisite, 681 

funds for maintenance of, 682 

lands and buildings for, of, 682 

joint establishment authorized, 680 

librarian, advice and instruction to, 682 

public documents, to receive and keep, 681 

reports of state departments sent to, 681 

librarian of state library, to, 681 

state aid for, 680 

corporation, when owned by, 680 

withheld, when, 681 

trustees, advice and instruction to, 682 

LIENS, 53-54 



INDEX. 889 

LIGHTERS 

provisions relating to, 784 

LIME AND LIME CASKS 

inspection of, 759-760 

LORD'S DAY 

bail, prisoner admitted to, on, 631 

business, traveling, etc., on; penalty, 630 

close time on game and birds, is, 632 

scientific purposes, taking for, forbidden, 631 

contracts dated on, not void unless, 632 

consideration restored, before defense, 632 

courts not held on, 631 

dancing on, forbidden; penalty, 630 

disturbance of religious meetings on, 630 

duration of, 630 

innholders not to allow gambling on, 630 

notes, etc., falling due on, when payable, 632 

presence at games, etc., on; penalty, 630 

service of civil process on, prohibited, 631 

process, no justification, 631 

seventh day; observation of, as, 630 

warrants for arrest may be issued on, 631 
LOST GOODS 

appraisal on finding, when, 671 

notice of finding to be given, 671 

penalty for neglect to give, 673 

owner not appearing; disposal, 672 

restitution to owner, when, 672 

LOTTERIES, 636-639 

LUMBER 

survey of, 762 

MARRIAGES, 44, 48 

who may marry, 744 

intentions of, 744 
record of intentions, 744, 745 

certificate of intentions, 745 

false representations, how punished, 745 
residence, leaving state for purposes of, 745, 746 

objection to, 746 

among Quakers and friends, 746 

who may solemnize, 746 

penalty for violation of law, 747 

record of marriages, how kept, 747 

false certificate of, 747 



890 INDEX. 

MARRIAGES— Continued. 

board of health to keep record of, 748 

in unincorporated place, how record kept, 750 

town clerks record of, prima facie evidence, 753 

form of ceremony, 754 

form of certificate, 755 
MASTERS AND APPRENTICES 

death of master, effect of, 780 

indenture, form of, f 729 

custody of, 729 

minor entitled to sole benefit of, 730 

parties bound thereby, 730 

remedies upon, 730 

minors under fourteen years, binding of, 729 

above fourteen years of age, 729 

guardian, by, with approval of judge, 729 

sole benefit of indenture, to have, 730 

transfer to another person, forbidden, 730 

transportation from state, forbidden, 730 

transfer of minor, forbidden, 730 

MEETING-HOUSES 

appraisal of pews, before sale or repairs, 494 

dissenting owner, rights of, 494 

control of, by corporation, 496 

division of time, application for, 496 

proceedings at meeting, 496 

appraisal of minority interest, 497 

expenses of board, 497 

occupation or sale by minority, • 497 

erection of; incorporation for, 494 

incorporation, in manner of parishes, 494 

special provisions for; notice, 495 

proceedings at meeting, 495- 

meetings, how called after three years, 496 

occupancy; division of time, 496 

appraisal of minority's interest, 497 

minority, rights of, 497 

pews, conveyance of, to parish, 494 

dissenting owner, rights of, 494 

reassignment after alteration, 495 

taxation of; for repairs, 495 

proprietors, application for incorporation, 495 

meetings, how called after three years, 496 

repair or sell, to; notice, 494 

appraisal of pews, 494 

dissenting owner, rights of, 495 



INDEX. 891 

MEETING-HOUSES— Continued. 

organization of; powers, 495 

proceedings for incorporation, 496 

control of house by corporation, 496 
MINISTERIAL AND SCHOOL LANDS 

fee, not otherwise vested, in town, 497 

income from, how applied, 498 

incorporated trustees may transfer funds, 498 

ministry, funds for use of, 498 

parish, corporation to hold lands vested in, 498 

notice of meeting, 498 

schools, funds for use of, 498 

trustees, corporation how constituted, 497 

accounts of, rendered annually, 498 

authority over lands, 497 

real and personal property, to hold, 498 

income, how applied, 498 

clerk to be sworn, 497 

notice of meeting, 498 

officers elected annually, 497 

parish, when lands vested in, 498 

notice of meeting, 498 

sale of lands by, 497 

investment of proceeds, 498 

income, how applied, 498 

treasurer to give bond, 497 

MODERATOR 

to be sworn, 26 
MONET POWERS 

of towns, 35 
MORTGAGE | 

of personal property, 695 

to be recorded, 49 

MOTOR BOATS, 612 
NAILS 

inspection of, 775 

NECESSARY TOWN CHARGES, 33 
NOTICE 

to persons elected, 25 
NUISANCES 

abatement, process for; warrant, 608 

collection of expense; procedure, 608 

defendant entitled to poor debtor's oath, 608 

warrant stayed upon recognizance, 608 



892 INDEX. 

NUISANCES— Continued. 

actions for damage caused by, 608 

blasting rocks, precautions prescribed, 611 

damages, owner of quarry when liable, 611 

explosions after sunset prohibited, 611 

penalty for violation, 611 

boards of health; to examine and abate. 588 

filth, may order removal of: expenses. 565 

penalty for non-compliance, 565 

brick-kilns, location of, 607 

abatement and removal of illegal, 607 

buildings, burnt and dangerous, as, 611 

order for removal, after notice, 611 

publication of order, 611 

removal in compliance with order, 611 

owner may apply to supreme judicial court, 611 

costs on such application, 611 

town must adopt provisions, 612 

buildings on ways, declared to be, 605 

erected contrary to by-laws are, 27 

fire escapes wanting, are, 621 

fronting on ways, when not, 607 

burying grounds; encumbering, declared to be, 606 

common, certain places declared to be, 605 

abatement on application to court, 605 

order of court, by, 607 

actions for damages caused by, 608 

buildings without fire escapes are, 621 

county attorney, enjoined on application of, 605 

gambling houses declared to be, 605 

houses of ill-fame declared to be, 605 

injunction against, # 605 

liquors, places for illegal sale of, are, 605 

penalty for keeping, 605 

erecting, causing or continuing, for, 607 

common landings, obstruction of, declared to be, 606 

fences on ways, when not, 607 

filth, collections of, declared to be, 606 

board of health may order removal, 565 

payment of expenses, 565 

penalty for non-compliance, 565 

gasoline engines, unlicensed, are, 610 

abatement and removal of, 610 

gunpowder, building used for making, when, 607 

harbors, obstruction of, declared to be, 606 

injunction against, pending proceedings, 609 



INDEX. 893 

NUISANCES— Continued. 

landlord, liability for letting building, 606 

lease avoided by keeping, 606 

remedy of owner, 606 

mills and mill-dams are not, unless, 607 

noxious trades declared to be, 606 

assignment of places for; record, 606 

non-compliance with, order, 606 

revocation by municipal officers, 606 

complaint to court, upon, 607 

non-compliance with decree, 607 

warrant stayed upon recognizance, 607 

places declared to be common, 605 

ponds, corruption of, declared to be, 606 

unlawful diversion of, also, 606 

private, actions for damages caused by, 608 

high fences, to annoy, are, 606 

railroad crossings when declared to be, 380 

rivers, corruption of, declared to be, 606 

unlawful diversion of, also, 606 

steam boilers, without fusible safety plugs, 610 

violations, penalty for, 610 

steam engines, unlicensed, are, 610 

abatement and removal of, 610 

water courses, corruption of, declared to be, 606 

unlawful diversion of, also, 606 

waters, obstruction of navigable, declared to be, 606 

ways, opening when declared to be, 283 

obstruction of, declared to be, 606 

removal, and prosecution for, 345 

payment of expenses, 345 

OBSTRUCTIONS IN ROADS, 345 
OFFICE 

vacant if person fails to qualify, 21 
OILS 

inspection of, 775 

OPERATING RAILROADS, 386 
OVERSEERS OF THE POOR 

annual election; number, 514 

annual town meeting, at, 518 

ballot, to be by, 5 1 8 

bastardy complaint, settlement of, 543 

duties as to persons chargeable, 518 

insane hospital, as to removals from, 534 



894 INDEX. 

OVERSEERS OF THE POOR— Continued. 

houses of correction, to have charge of, 551 

care of sick inmates, 551 

examination of management by, 551 

extension of commitment, may procure. 551 

notice of commitment, duties as to, 551 

houses of ill-fame, duties as to, 532 

search warrant for, may obtain, 553 

idle persons bound to service, 520 

complaint of, proceedings thereon, 520 

intemperate paupers, to complain of, 533 

property of deceased pauper, authority over, 532 

real estate of ward; consent to sale by, 534 

relief of destitute persons by, 523 

recover from town of settlement, 523 

estoppel to dispute settlement, 526 

kindred, from, 523 

removal of paupers, notice and request for, 526 

answer, stating objections, 529 

none, overseers requesting may remove, 529 

town shall receive and provide for, 529 

estoppel in such case, 529 

foreign paupers, of; exception, 532 

insane hospital, from, 556 

mail, notice or answer may be sent by, 530 

order for, in writing, 526 

removal; pauper refusing; proceedings, . 531 

returning, sent to house of correction, 532 

soldiers and sailors, of honorably discharged. 504 

penalty for violation, 504 

idle persons, also, 520 

persons liable to house of correction, also, 520 

complaint of ; proceedings thereon, 520 

unincorporated places, as to cases in, 521 

towns, may prosecute and defend, 532 

workhouses, to have charge of, 549 

authority and duties, 549 

PAPER 

inspection of, 775 

PARISHES AND INCORPORATED SOCIETIES, 487-493 

PARISHES AND RELIGIOUS SOCIETIES 

admission of members, 490 

ancient burying ground, to fence, 646 

penalty for neglect; its application, 646 

liability of officers failing to apply, 646 



INDEX. 895 

PARISHES AND RELIGIOUS SOCIETIES— Continued. 

assessment of taxes by, 489 

responsibility for, 164 

assessors, election and general duties, 488 

meetings called by, upon request, 488 

refusal, application to justice of peace, 488 

oath to, by moderator, 488 

by-laws, may establish, 488 

clerk may record election and qualification, 25 

copies of records, to furnish, 491 

collection of taxes by, 489 

treasurer appointed collector, by, 491 

collector delinquent, warrant against, 206 

alias or pluries issued, 207 

dying, settlement of his accounts, 206 

election of new, to complete collections, 240 

removing, or in default, settlement with, 203, 206-208 

return of warrant, 207 

committee to settle with collector, 203 

corporation to hold lands vested in, 498 

powers, duties, liabilities, 498 

deacons of Protestant churches, a corporation, 490 

election of officers, 488 

inhabitant, action for value of estate levied on, 214 

insurance upon buildings of, 489 

lands vested in, corporation to hold, 498 

meeting for organization, how called, 487 

proceedings at, 488 

meetings, called by assessors or clerk, 488 

assessors to call, upon request, 488 

refusal, application to justice of peace, 488 

call, when none for three years, 489 

moderator to preside, 488 

pew owners entitled to vote, 489 

territorial parish, of; right to vote, 490 

membership only by consent; withdrawal, 490 

local parish, in: denned, 490 

moderator, powers and duties of, 488 

money, may raise, assess and collect, 489 

assessment on pews, 489 

sale to enforce payment, 489 

unoccupied pews exempt, 489 

treasurer appointed collector, 491 

officers, election of, 488 

oath to, by moderator or clerk, 25 



896 INDEX. 

PARISHES AND RELIGIOUS SOCIETIES— Continued. 

officers of churches are quasi-corporations, 490 

organization and powers, 490 

organization; name; general powers, 488 

pews, assessments on, 489 

sale of, to enforce taxes, 489 

unoccupied, when exempt, 489 

owners; rights thereafter. 489 

treasurer appointed collector; duties, 491 

pious uses, protection of property held for, 493 

property, may hold, limitation, 488 

independent churches, may convey to, 493 

minister and officers may hold, 491 

limitation of amount; powers, 491 

right to convey restricted, 491 

protection of, held for pious uses, 493 

Quakers; overseers of meetings may hold, 492 

Quakers; powers of overseers of meetings, 492 

records of parishes open to inspection, 491 

stewards of Methodist churches, a corporation, 491 

surrender of tax bills, when required, 203 

refusal to, penalty, 204 

taxation, exemption from, 144 

personal property, of, 151 

taxes, collection of, 491 

assessment of; responsibility, 164 

territorial parishes, not dissolved, 490 

meetings of, right to vote in, 490 

treasurer appointed collector; duties: powers, 491 

warrant against collector, to issue, 206 

return date of, 207 

sheriff, against delinquent, 20T 

trustees of Methodist churches, a corporation, 491 

wardens of Episcopal churches, a corporation, 491 

warrant for collection of taxes, 491 

Independent Local Churches 

incorporation of, authorized, 492 

application and notice of meeting, 492 

by-laws may prescribe duties of officers, 493 

meetings, participation in, fixed by, 493 

proceedings for organization, 492 

election of officers, 493 

meetings, how called, 493 

participants in, 493 

officers, their election, 493 

duties prescribed by by-laws, 498 



INDEX. 897 

PARISHES AND RELIGIOUS SOCIETIES— Continued. 

property, may take and hold, in trust, 493 

parish may convey, to church, 493 
Meeting-Houses 

appraisal of pews, before sale or repairs, 495 

dissenting owner, rights of, 495 

control of, by corporation, 496 

division of time, application for, 496 

proceedings at meeting, 496 

appraisal of minority interest, 497 

expenses of board, 497 

occupation or sale by minority, 497 

erection; incorporation for, 494 

incorporation, in manner of parishes, 494 

special provisions for; notice, 495 

proceedings at meeting, 495 

meetings, how called after three years, 49G 

occupancy; division of time, 496 

appraisal of minority's interest, 497 

minority, rights of, 497 

pews, conveyance of, to parish, 494 

dissenting owner, rights of, 494 

reassignment after repairs, 495 

taxation of, for repairs, 495 

proprietors, application for incorporation, 495 

meetings, how called after three years, 496 

repair or sell, to; notice, 494 

appraisal of pews, 494 

dissenting owner, rights of, 495 

organization of; powers, 495 

proceedings for incorporation, 496 

control of house by corporation, 496 

PARK COMMISSIONERS 

election and duties of, 39 

PARKS AND SQUARES 

commissioners, their election and duties, 21 

drinking fountains in, authorized, 323 

land taken for, 39 

damages, as to appeal on, 40 

procedure, 40 

trees planted in, by road commissioner, 350 

PAUPERS 

settlement of provisions relating to, 501-513 



57 



898 INDEX. 

PENSION CERTIFICATES 

to be paid by town treasurer, 272 

PEOPLE'S VETO, 795 

PERAMBULATION 

town lines, of; by municipal officers, 4 

penalty for neglect to attend, 4 

proceedings by commissioners; effect, 4 

stone, if monuments are"; every ten years, 4 

PETROLEUM 

inspection of, 775 

PILOTS 

how appointed, 781 
duties of, 568, 781 

PLANTATIONS 

valuation in, how to be made, 94 

elections in, 93 

POLITICAL CAUCUSES, 103 

PORT WARDENS, 785 
PROPRIETORS 

of wharves. 499 
PROTECTION 

of life in building used by public, 620 

PRUDENTIAL AFFAIRS, 27 

PUBLIC CLOCKS, 27 

PUBLIC DOCUMENTS 

distribution of, 41 

PUBLIC EXHIBITIONS 

billiard rooms, keeper licensed; penalty, 633 

bond of keeper, 634 

violation of bond ; penalty, 634 

municipal officers to license; fee, 633 

officer may enter to enforce law, 634 

obstruction of; penalty, 634 

open until midnight when, 634 

revocation of license, 634 

bowling alleys, keeper licensed; penalty, 633 

bond of keeper. 634 

violation of bond; penalty, 634 

municipal officers to license; fee, 633 

officers may enter to enforce law, 634 

obstruction of; penalty, 634 

open until midnight, when, 634 

revocation of license, 634 



INDEX. 899 

PUBLIC EXHIBITIONS— Continued. 

exhibitions without license forbidden, 633 

prosecutions for penalty, 633 

Lord's Day, on; presence at, 630 

municipal officers to license; fee, 633 

roller skating rinks, license of; fee, 634 

hours of closing; penalty, 634 

kept without license, penalty, 634 

steam riding galleries, license of; fee, 634 

operated without license, penalty. 634 

RAILROADS 

Stkeet Railroads 

accidents, investigation of, 400 

articles of association; contents, 392 

affidavit of directors annexed to, 393 

amendments of, authorized, 397 

approval by railroad commissioners, 394 

duties of secretary of state as to, 394 

prerequisites of riling, 393 

subscribers to call first meeting, 394 

assignment of charter prohibited, 400 

authority of, in general, 392 

bonds secured by mortgage, may issue, 401 

another provision, 400 

coupons, action on, by assignee, 400 

bridges used by; maintenance, 384 

report of commissioners ; proceedings, 384 

appeal and final decision, 385 

capital stock in articles of association, 392 

increase for constructing and equipping, 395 

approval by two-thirds of stockholders, 395 

subscription in articles of association, 392 

payment of five per cent before filing, 393 

certain provisions made applicable to, 400 

certificate of organization, issue of, 394 

antecedent steps to issue, 394 

fees payable, 394 

form of, 394 

original or copy, evidence, 394 

charter rights of connecting roads unimpaired, 400 

construction to begin within three years, 397 

authority of municipal officers, 400 

appeal to railroad commissioners, 400 

ways already occupied, over; prohibited, 400 

corporate existence, lapse of, 397 

revival of, on application to commissioners, 398 



900 INDEX. 

RAILROADS— Continued. 

damages for land taken; estimation, 398 

additional provision, 399 

person and property, to; liability, 402 

directors, affidavit to articles of association, 393 

corporate existence, application to revive, 398 

provisional in articles of association, 392 

discontinuance of operations for winter, 402 

disorderly conduct on; penalty, 388 

conductor may arrest offender, 389 

examination by commissioners, 400 

extension of, to other places, 400 

fences, obligation as to, 400 

franchise, may mortgage, 401 

hotels and pleasure grounds, may hold, 401 

inspection by commissioners before operation, 400 

penalty for violation, 400 

intoxication of employees. 400 

lease of road prohibited, 400 

location, approval of; proceedings, 395 

amendment of, authorized, 397 

bridges, over; already erected, 396 

cancellation, before actual occupation, 399 

changes in, 399 

death of director or corporator abates not, 397 

extension or variation from, 395 

municipal officers; refusal to approve, 396 

appeal to supreme judicial court, 396 

committee appointed on, 396 

failure to, bars not new petition, 396 

tide waters, not across, without consent, 396 

turnouts and spurs, approval of, 397 

maps of proposed route to be presented, 396 

filed with county commissioners, 396 

meeting, calling of first; notice, 394 

motorman, intoxication of. 388 

municipal aid to, 400 

negligence of employees, 400 

obstruction of; penalty, 402 

pole lines and power houses authorized, 401 

regulations as to use of tracks, 401 

appeal to railroad commissioners, 401 

repair of streets and ways by, 402 

bridges used by, of, 384 

shares are personal estate; transfer, 400 

snow and ice, removal from ways, 401 



INDEX. 901 

RAILROADS— Continued. 

appeal to railroad commissioners, 401 

spitting on floor of car; punishment, 402 

copy of law to be posted, 402 

stockholders, approval of increase of stock, 395 

taking of lands by, authorized; width, 398 

additional for certain purposes, 398 

burying grounds, not without consent, 399 

dwelling-house, not without consent, 399 

entry, none until certificate filed, 399 

meeting-houses, not without consent, 399 

necessity for taking, determination, 399 

certificate of railroad commissioners, 399 

certain provisions as to, applicable, 400 

hotels and pleasure grounds, not for, 401 

use of tracks by connecting roads, 401 

wages, fortnightly payment required, 730 

ways, alteration by company, 400 

Location and Construction 

bridges erected by towns, safety of, 384 

proceedings before railroad commissioners, 384 

report to be filed; copies sent, 384 

appeal, and proceedings thereon, 385 

canal, carried over or under a; damages, 381 

fences, construction and maintenance, 386 

animals upon enclosure, turning, 387 

directors, liability for neglect, 386 

injury to, penalty, 387 

notice to build or repair, by land owner, 386 

forfeiture for neglect. 386 

penalty for neglect to maintain, 386 

fine expended by agent, 386 

location according to charter, 377 

change of, authorized; record, 378 

defective, how remedied, 377 

filed with county commissioners, 377 

station of another, dangerously near, 392 

time limited in charter, within, 377 

wrong, remedy of subscriber to stock, 377 

sewers; construction across right of way, 415 

taking lands, authority for, 877 

additional, for certain purposes, 378 

necessity for taking, determination, 378 

certificate by railroad commissioners, 378 

burying grounds, not without consent, 379 

change of location, for, 378 



902 INDEX. 

RAILROADS— Continued. 

crossings of ways, to facilitate, 381 

dwelling-houses, not without consent, 379 

entry, none, until damages secured, 379 

meeting-houses, not without consent, 379 

width limited, 377 
Crossings 

authorized location and construction, 380 

automatic signals authorized, 391 

expenses, how paid, 391 

party erecting, excepted from sections ninety, ninety-one, 391 

both parties, when excepted, 391 

ways, at crossings of, 383 

bell must be rung, when approaching, 382 

penalty for neglect by corporation, 383 

bridges, construction and maintenance of, 381 

notice to company by municipal officers, 381 

proceedings to compel erection, etc., 381 

repair, to compel, 381 

bridge guards, maintenance of; approval, 382 

destruction or injury to, penalty, 382 

neglect to maintain, 382 

change of location, necessitated by, 378 

consent of mayor and aldermen, when required, 381 

defects at, action for injury by; notice, 327 

liability of railroad company, 327 

service of notice, 327 

flagmen may be required, 383 

gates, request by municipal officers, 383 

application to railroad commissioners, 383 

costs in case of refusal, 383 

liability of company for negligence, 383 

neglect to comply with order, penalty, 383 

duty, of; by gate tender, 383 

nuisances, when declared to be, 381 

railroad, carrying one over or under another, 381 

change of crossing over another, 383 

application and decision. 383 

report to be filed; copies sent, 384 

appeal and proceedings thereon, 385 

construction of new, over another, 384 

application to railroad commissioners, 384 

report to be filed; copies sent, 385 

appeal and proceedings thereon, 385 

damages for construction over or under, 382 

passage of trains at, regulated; penalty, 390 



index. yoy 

RAILROADS— Continued. 

temporary crossings during appeal, 385 

sewers ; construction across right of way, 415 

signal towers at; their management, 390 

sign boards must be placed at, 382 

penalty for neglect, 383 

ways, of; authorized, 381 

change of course, 381 

change of location, necessitated by, 378 

conditions determined before construction, 381 

damages for neglect of duties by company, 381 

location over tracks; proceedings, 318 

adjudication of railroad commissioner; record, 319 

appeal from, 318 

expense of building and maintenance, 319 

notice of unsafe condition, 381 

proceedings to compel construction, 381 

repairs at expense of company, 381 

obstruction of, by trains, forbidden, 389 

penalty for violation, 389 

raising or lowering, 381 

speed at crossing, regulated, 389 

Offenses Relating to 

abandonment of trains; penalty, R. S. c. 124, § 7. 

animals; turning upon enclosure, 387 

bell for engine, neglect as to, 383 

brakeman, intoxication of, R. S. c. 52, § 74. 

bridge guards, destruction or injury to, R. S. c. 51, § 69. 

neglect to maintain, R. S. c. 51, § 69. 

conductor, intoxication of, 388 

disorderly conduct on train or street car, 389 

conductor may arrest offender, 389 

driving team on track, 388 

copy of law, neglect to post, 388 

fences, injury to, 387 

neglect to maintain, 386 

frogs and guard rails, neglect to block, 389 

gates at crossing, neglect as to, 383 

gate tender, neglect of duty by, 383 

heating of cars, violation of law as to, 389 

highways, unlawful speed across, 389 

obstruction of, 389 

intoxication of employees, on duty, 38S 

street railroads, on, 400 

lighting of cars, violation of law as to, 389 

malicious mischief, signals, to, 390 



904 INDEX. 

RAILROADS— Continued. 

motorman, intoxication of, 388 

negligence of employees, 388 

street railroads, on, 400 

obstruction, street railroads, of, 402 

operating, street railroads, of, 400 

safety switches, interference with, 390 

signals for disconnected cars, neglect of, 387 

intentional injury to, 390 

signs at crossings, neglect to provide, 387 

spitting on floor of street cars, 402 

copy of law to be posted, 402 

switch lights, interference with, 390 

switchman, intoxication of, 388 

train in motion, leaving, 388 

walking on track or bridge, without right, 388 

copy of law, neglect to post, 388 

REFERENDUM (Initiative and), 795 

REFERENCE OF DISPUTES, 775 

REGISTER OF DEEDS 

election of, 84 

duties, 84-86 

REGISTER OF PROBATE, 89 
REGISTRATION OF VOTERS 

annual town meeting, list of voters for, 62 

annual meeting; check list, when used at, 62 

penalty for neglect or refusal, 62 

sessions for correction of list, 62 

applicant's name announced aloud, 113 

personal appearance necessary, 109 

another provision, 114 

transfer, but not for purpose of, 114 

requirements to test qualifications, 113 

naturalized citizens, in case of, 113 

neglect to enforce, 117 

assessors to annually make lists, 111 

duties as to such lists, 111 

penalty for making false entry, 1 12 

refusing information to, for, 112 

voters, to make lists of, in towns, 119 

authority to make and revise lists in cities, 109 

towns of more than five hundred voters, in, 61 

small towns, in, 61 

boards of registration, appointment, 109 



INDEX. 905 

REGISTRATION OF VOTERS— Continued. 

chairman, right to vote; duties, 110 

compensation of members, 116 

compulsory attendance of witnesses, 110 

contempt, power to punish for, 110 

fraud upon, penalty, 118 

lists of deceased voters furnished to, 117 

majority may act, 110 

neglect to enforce educational test, 117 

notice to assessors, of errors, 111 

oaths, may administer, 110 

orders of, disobedience to; penalty, 118 

police officers to attend, 117 

polling districts, to prepare check lists for, 116 

qualifications of voters, to determine, 110 

record of proceedings, 113 

records; city clerk, custodian of, 116 

register of voters, to keep, 112 

sessions of, 115 

notice of time and place, 117 

voting lists, names to be entered on, 111 

ward lists, to prepare, 114 

not answerable for errors in, 114 

witnesses, may summon, 110 

examination of, 116 

fees of, 116 

oath of, 110 

challenge, before board of registration, 116 

election day, on; to be noted, 117 

cities, where qualified voter may vote in, 109 

city clerk to post ward lists, 114 

custodian of records and lists, 116 

deceased voters, to furnish lists of, 117 

city officer, neglect of duty by, 118 

double registration; penalty, 118 

elections, corrected lists to be used at, 117 

fraudulent conduct as to ; penalty, 118 

meetings, to be open; time of closing, 113 

municipal officers, registration by, 61 

notice of sessions, 61 

towns, in small, 61 

names added or stricken off, when, 113 

list, must be on, 114 

municipal officers, by, 119 

omitted, certificate given, 114 



906 INDEX. 

REGISTRATION OF VOTERS— Continued. 

stricken off, without notice ; penalty, 100 

fraudulently, 101 

naturalized citizen, requirements of, 113 

approval of papers by selectmen, 61 

notices relating to registration, where posted, 117 

assessors, to; of errors, 111 

injuring or defacing, 118 

residence, change of, 115 

sessions of boards of registration, 117 

municipal officers, of, 61 

obstructing registration; penalty, 118 

plantations, lists prepared as in towns, 95 

record of names added or stricken from list, 113 

boards of registration, of; custodian, 116 

register of voters to be kept, 112 

selectmen, lists of voters prepared by, 119 

change, none, except in open session, 119 
names added at regular sessions, 60, 119 

posting list of voters, 119 

penalty for neglect, 102 

revised list, to deposit in clerk's office, 119 

sessions of, to correct lists, 119 

voters, assessors to make lists of, in towns, 119 

deceased, clerk to furnish list of, 117 

name must be on list, 115 

omitted, certificate given, 115 

notice of change of residence, 115 

ward lists, preparation and posting, 114 

caucus, copies to be furnished for, 106 

challenge of voters before board, 115 

election day, on, to be noted, 117 

city clerk, custodian of, 116 

duplicates for ballot clerks, 129 

election day, no change on, 115 

elections, to be used at, 117 

name on, no right to vote unless, 115 

omitted, how person may vote. 115 

names added upon personal request only, 115 

preserved one year, 116 

street and number, entered on, 115 

wardens to be governed by, 115 

RELIEF 

to be given persons falling in distress, 35 
ROAD COMMISSIONERS 

accounts of; included in town report, 352 



INDEX. 907 

ROAD COMMISSIONERS— Continued. 

annual elections of, 348 

appropriation, powers in case of deficiency, 351 

expenditure of, 352 

authority to contract for opening or repair, 353 

bond required, 352 

compensation of, 352 

duties of, in general, 350 

penalty for neglect of, 350 

election to be by ballot, 348 

none, selectmen act, 348 

fences, may remove; shall replace, 349 

materials, may take; limitation; payment, 350 

purchase, may, 352 

men and teams, may employ, 352 

money drawn only on order of selectmen, 352 

monthly statements, to render, 352 

notice to, of defect causing injury, 324 

obstructions, may remove, 350 

logs, lumber, etc., removal and sale of, 345 

nuisance, prosecution for, 345 

property liable to levy for charges, 345 

repairs, to have charge of, 352 

selectmen, responsible to, 352 

ineligible to office of, 348 

snow to be trodden down or removed, 349 

liability for neglect as to, 349 

removal of fences, to prevent drifting, 349 

sudden injury, to repair, without delay, 349 

trees, may expend money in planting, 350 

vacancy in office, how filled, 348 

water course, shall not make, to do injury, 351 

remedy by persons injured, 351 

ROAD, LAW OF THE (see "Automobiles") 

automobiles shall carry bell or other signal, 361 

designation of dangerous places, 361 

driver shall stop on signal, 361 

dangerous places, and in, 361 

lighted lamp at night, shall carry, 361 

penalty for violation of law as to, 362 

rate of speed limited, 361, 365 

places designated as dangerous, in, 361 

racing forbidden, 361 

reasonable and proper, to be, 361 

bells required, when team on snow, 360 

penalty for violation, 360 



908 INDEX. 

ROAD, LAW OF THE— Continued. 

bridges, speed of travel on, regulated, 362 

penalty for violation, 362 

definitions of ''way 11 and "team, 11 359 

driver, no team on way to be without, 360 

penalty for violation, 360 

team, stationary, not to obstruct way, 360 

penalty for violation, 360 

leaving team without person in charge, 362 

travelers approaching to meet, rule of passing, 360 

team stationary or moving slowly, rule, 360 

wide rimmed wheels, where required, 362 

penalty for violation, 363 

RULES OF PROBATE COURT, 813 

SEALS 

bounty on to be paid by town treasurer, 274 

SELECTION OF JURORS, 731 
SETTLEMENT OF PAUPERS 

provisions relating to, 501-513 

SHEEP (see "Dogs 11 ) 

protection of, 640 

SHIP OWNERS 

provisions relating to, 782 

SHIPWRECKED GOODS 

provisions relating to, 782 

SINKING FUNDS, 35 

SKATING RINKS 

how licensed, 634 

regulating, 634 

SOLDIERS 

not paupers, 503 

almshouse, not to be sent to, 58 

burial, when honorably discharged, 516 

widows, of 516 

dependent, not deemed paupers, 58 

elections by, absent from state, regulation of, 56 

monument: appropriation authorized, 34 

SNOWSLIDES, 27 
STATE ROADS 

provisions relating to, 366-376 

STOVES 

survey of, 762 



INDEX. 909 

STEAM PLANT 

in public building, 475 

STEPPING-STONES, 27 

STRAY BEASTS 

action for damages caused by, 673 

lien on animals, 673 

appraisal before use, when, 671 

notice of taking up; cod tents, 671 

penalty for neglect to give, 673 

restitution to owner, when, 672 

six months, within; if not sold, 673 

sale by finder, owner not appearing, 673 

disposal of proceeds, 673 

taking from finder, without paying charges, 673 

STREET RAILROADS, 377-402 

SUBORDINATE OFFICERS 

election, 92 

SURVEY 

of wood, 762 

of hoops, 762 

of coal, 762 

of lumber, 762 

TABLE OF CONSANGUINITY, 819 

TEMPORARY LOANS, 30 

TAXATION 

abatement of taxes, how made, 181 

affidavit as to posting of tax notices, 245 

agreement between collector and town for collection of taxes, 195 

animals, where taxed, 156 

annuities, assessment of, 144 

appeal, assessment not vacated by, 184 

from decision of assessors, how taken, 185-186 

appropriation of money received by collector, 195 

arrest of persons for non-payment of taxes, 233 

assessment, how committed, 187 

of taxes, 139-142 

record of, 187 

assessors neglecting to assess, how punished, 188-189 

to assess upon inhabitants, 205-206 

to observe warrants, 188 

assistance, collector may command, 202 

bank stock, assessment of, 161 

blooded animals, assessment of, 156 

bond of collector to be recorded, 235 



910 INDEX. 

TAXATION— Continued. 

buildings and lands of manufucturing corporations, assessment of, 159 
of real estate companies, assessment of, 160 
buildings of municipal corporations not liable to tax, 143 
of railroad corporations, assessment of. 144 
cart wheels having felloes not less than six inches wide, abate- 
ment of tax for, 182 
cashier of bank to exhibit books to assessors, 162 
certificate of sale of real estate for non-payment of taxes, how 

to be made, 218 
collection of tax on land not in town where assessed. 202 
collection of taxes assessed on bank stock, 237 
collector of taxes and town treasurer may be the same person. 271 
accepting warrant and collecting portion of taxes must col- 
lect remainder, 241 
about to remove from state to make settlement. 203 
bond of, 196-197 
how chosen, 224 
to be sworn, 225 
if vacancy in office, municipal officers to fill same. 225 
to give bond, 195, 225, 234 
form of bond, 225 
to exhibit account to municipal officers, 225 
penalty for not exhibiting account, 225 
may sue for tax, 226, 228 
cannot compel payment by suit unless authorized by statute, 226 
must show personal demand to maintain suit for taxes, 226 
cannot recover costs without proof of demand. 226 
to collect taxes at own expense, 226 
to enforce lien on real estate, 227 
chargeable for taxes committed to him until he exhausts 

his authority to enforce payment, 237 
dying, becoming insane, etc., new collector may complete 

collection, 240 
dying without settling accounts, how to be settled. 206 
deed of, prima facie evidence of title, 221 
fees of, to be determined by town, 194 
fees of, determined. 194 
failing to pay county tax within forty days, county treas- 
urer to issue warrants against him, 205 
having taxes committed to him and about to remove may 

make settlement with town, 237 
has no authority to sell more than enough property to pay 

tax, 236 

may amend certain errors in records at trial, 201 

may distrain goods and chattels for tax. 197 



INDEX. 9 11 

TAXATION— Continued. 

manner of electing, 195 

may amend return or deed, 230 

may be assessed for non-compliance with statute, 240 
may agree with town what sum shall be allowed for services, 237 

may require persons to assist him, 202 

may distrain certain goods, 199 

may distrain shares of stock of any corporation, 199 

may complete collection of predecessor, 199 

may distrain goods of persons removing, 199 
may sue in own name, 199-200 
may issue warrant of distraint, 213-214 

may commit person assessed in certain cases, 199 
not entitled to compensation for committing debtor after 

one year, 232 
not obliged to act under illegal warrant, 241 
neglecting to collect taxes, how punished, 206, 207, 208 
not sworn is officer de facto, 211 
refusing to give bond, non-acceptance of office, 195 
of plantations to settle by December tenth, 223 
on plantations to settle with assessors, 246 
of plantations to give bond, 246 
who embezzles, how punished, 244 
of plantations to give bond, 223 
trespasser if he holds property for certain time, 197-198 
to obey order of warrant, 194 
to complete collection of taxes, 230 
to bring suit against persons making bet of result of elec- 
tion, 271 
to make return of sale of lands for non-payment of taxes, 251 
to restore to owner balance of money after payment of tax, 236 
to give receipt for taxes paid, 235 
to give bond approved by assessors, 234 
to account for money collected under defective warrant, 195-196 
to sell real estate for taxes, 215 
who overpays treasurer to be reimbursed, 205 
who refuses to deliver bills of assessment liable to fine, 204 
to exhibit to municipal officers account of moneys received 

on taxes, 202 
commitments of persons for non-payment of tax, how to be made, 233 
county commissioners to assess adjoining towns when certain 

roads are laid out, 169, 170, 171 

to give notice of their decision on abatement of taxes, 184 

may assess for certain repairs on roads and bridges, 173 

to issue to assessors of plantations warrant in April, 222 



91 2 INDEX. 

TAXATION— Continu ed. 

county tax assessed on first day of September, 192 

how assessed, 175-176 

how assessed and collected, 238 

how paid, 192 

county treasurer to issue his warrant against deficient collector, 239 

death or removal of collector, new collector to be appointed, 204 

deed must show effort made to obtain tax for fractional part 

of land, 172 
defective warrant, collector may disregard order, 195 
deficient collectors answerable to inhabitants, 206 
having no estate, to be distrained, 205 
delegation of power of, 141 
demand for taxes necessary to recover costs, 211 
on company's agent for taxes held sufficient, 213 
distraint of goods for non-payment of tax, 235 
dividend of stock not to be paid until tax is paid, 163 
double taxation, 144, 145, 160 
error, mistake or omission of assessors do not make assess- 
ment void, 202 
executor or administrator of collector to settle with town for 
taxes collected, 239 
personally liable for tax in certain instances, 180 
exemption from, 142 
fees for commitment of paupers, 232-233 
form of application to county commissioners for abatement 

of taxes, 183 

application to assessors for abatement of taxes, 182 

assessors' notice of assessment of taxes, 177 

appointment of treasurer to fill vacancy, 270 

appointment of deputy treasurer, 270 

return of collector on sale of real estate, 219 

certificate of assessment of state tax, 193 

collector's warrant, 265 

collector's tax deed, resident owner, 263 

collector's notice to owner or occupant, 259 

collector's return to town clerk of tax sales, 260 

collector's certificate to town treasurer of tax sales, 259 

collector's notice of sale of lands of resident owners, 258 
collector's advertisement of sale of lands of non-resident 

owners, 257 

collector's warrant to collect delinquent taxes, 255 

notice of sale of real estate, 216 

notice for sale of lands for non-payment of tax, 248 

order for action of debt for collection of taxes, 229 

return of arrest and commitment of delinquent tax-payer, 257 



INDEX. 913 

TAXATION— Continued. 

return of warrant of distress and sale, 256 

schedule of real and personal estate, 177 

summons to pay personal and poll taxes, 254 

town treasurer's bond, 269 

tax bill, 267 

warrant of assessors for collection of state taxes, 193 

warrant for completion of collection of taxes, 204 

free high school precinct tax, expense of assessing and collecting, 272 

goods, wares and merchandise, where assessed, 202 

grass, forfeited, to be held in trust, 169 

horses, mules, cattle, etc., where assessed, 202 

hydrants, assessment of, 144, 149 

illegal provision in warrant not acted on does not vitiate same, 229 

illegal tax, how recovered, 165 

inhabitants, denned, 143 

insane or disqualified collector who overpays treasurer, to be 

reimbursed, 243 

interest not to be collected without vote, 191 

on funds on deposit to be accounted for, 269 

rate of not to exceed one per cent per month, 191 

rate of to be fixed at time money is raised, 191, 212 

invalid assessment of part no defense in suit to recover taxes 

assessed in solido, 176 

itinerant vendor's tax, how collected, 244 

jurors, board for preparing lists of, 272 

land not assessed in any town, how assessed, 165-166 
lapse of time will not forfeit presumptive evidence of regularity 

of tax sale, 172 
list of their assessments for state treasurer to be made by 

assessors, 164 

lien on real estate for payment of taxes, how enforced, 223 

logs, where assessed, 202, 232 

lumber, where assessed, 202, 232 

money raised for illegal object does not make assessment void, 202 

mortgaged personal property, assessment of, 156 

municipal officers may employ person to bid at tax sales, 221, 253 

names and amounts of delinquent tax-payers to be published, 213 
necessary to aver that defendant was inhabitant of plaintiff town, 230 

non-resident owners of property, 202 

notice of sale of real estate, how given, 215 

to be served on delinquent, 216 

oath of person furnishing list, assessors may require, 181 

omissions from tax list, how corrected, 163, 203 

corporations to furnish names of employees, 179 

58 



914 INDEX. 

TAXATION— Continued. 

order in favor of collector for abatement of taxes, enures not to 

benefit of persons named in order, 231 

to bring suit for collection of taxes must follow statute, 212 

organized plantations to choose collector of taxes, 245 
owners of improved land not in town where estate lies, how 

distrained. 232 
of land in unorganized townships liable to treasurer of 

state, upon demand, 224 

''overrated 11 construed, 184 

partnership property, assessment of, 158 

pension matters, duties of collector in, 272 
person claiming to have paid tax to former collector not to be 

distrained, 237 
arrested for non-payment of taxes not to be discharged 

without vote of town, 232 

taxed in town may be distrained, 231 

refusing to pay tax may be arrested, 230 

arrested for non-payment of taxes, how discharged, 210 

arrested for non-payment of taxes may take poor debtors 

oath, 209-210 

personal property, when and where to be assessed, 151, 152, 153, 154 

to be assessed first day of April, 150 

personal estate, 144 

persons may be distrained for non-payment of taxes, 254 

elected to town office to qualify within seven days, 189 

plantations neglecting to collect taxes, how punished. 209 

assessors of, 190 

loss relating to town meetings apply, 190 

process of organizing, 190 

duties of assessors of. 191 

neglecting to choose collectors, how proceeded against, 238 

poll tax, upon whom assessed, 142, 149 

execution for non-payment of, not to run against body. 228 

polls, assessment of, 179 

polls and estates, assessments on, how made, 186 

poor debtors bond for release from arrest for non-payment of 

taxes to run to assessors, 231 

powers relating to taxation. 140 

prima facie title under tax deed, how established, 173 
procedure by arrest or distraint is waived when suit is brought 

to collect taxes. 229 

proof of notice by assessors not necessary in suit to recover tax. 180 

property and polls exempt from, 145, 146, 147. 148, 149 

held in common, assessment of, 158 



INDEX. 



915 



TAXATION- Continued. 

purchaser of land sold for taxes failing to pay in twenty days, 

city or town to be deemed purchaser, 217 

real estate, taxation of, 143-144 

real property of banking institutions, assessment of, 161 
record of sale of real estate for non-payment of taxes, how to 

be made, 217 

redemption of estate sold for non-payment of taxes, 219, 220, 221 

of lands sold for non-payment of taxes, 167, 168, 250 
relation between collector and town is that of principal and 

agent, 241 

residence of defendant in suit to recover tax necessary to aver, 211 

resident owner not furnishing list to assessors to be doomed, 180 

return of collector of warrant, 235 

returns of stock in banks, 162 

sailing vessels and barges, assessment of, 160 

sale of land for taxes, 172 

for state tax, 174-175 

for non-payment of taxes, 249 

sale of real estate for non-payment of taxes, proceedings at, 246-247 

for non-payment of taxes, how conducted, 215 

for payment of taxes to be at public auction, 217 

selectmen to be assessors in certain cases, 187 

shares of a corporation, how assessed, 150 

sheriff shall collect taxes when he receives warrant. 209 

state not liable to purchases of void tax deed, 173-174 

state or county tax on unorganized place, 190 

state tax, warrants for, 164 

state taxes to be collected by town collectors, 253-254 

time for payment of, 192 

how collected, " 192 

stock in banking and safe deposit companies, how assessed. 159 

of insurance companies, assessment of, 156 

tax assessed on shares of, how to be collected, 231 

stocks and securities, taxation of, 144 

stockholders in banks and trust companies, assessment of, 155 

suit on collector's bond, 234 

tax assessed against administrator "of estate 1 ', how construed, 211 

against "estate of 1 ' not property assessed, 211 

tax deed to town shall set forth certain facts, 21S 

vests in grantee the title of the state, etc., 173 

taxes, assessment of, assessors how governed, 164 

notice, assessment of, 176 

may be collected by suit, 210 

on real estate, where assessed, 149 



916 INDEX. 

TAXATION— Continued. 

shall be assessed to person having title, 201 

should allege time and place, suit to recover, 212 

tenant of real estate, assessment of, . 149 

timber and grass forfeited, to be held in trust, 169 

"timber and grass," how construed, 168 

timber, owner of, where assessed, 232 

where assessed, 202 

time for collecting state tax expired, execution to issue against 

collector, 205 

toll bridge, 144 

town cannot by vote vary duties of tax collectors, 242 

cannot vary the duties of tax collectors, 232 

may make contract for collection of taxes, 234 

may vote to abate part of taxes for prompt payment, 213 

neglecting to choose assessors, how punished, 187 

neglecting to choose collector, sheriff to collect taxes, 209 

to determine when list shall be committed, 191 

taxes, how assessed, 176 

to pay state sums due from deficient collector, 238-239 

town treasurer before entering upon his official duties to be 

sworn and given bond, 271 

cannot be relieved from responsibility by vote of town, 269 

cannot borrow money on credit of town, 269 

how chosen, 268 

in case of death successor to be appointed, 270 

is responsible for risk of keeping town's money, 269 

may appoint deputy treasurer, 270 

not obliged to advertise for proposals for interest on funds, 269 

to be member of licensing board for victualers 1 licenses, 272 

to give bond, 268 

to have the custody of town's money, 269 

to maintain action against bank for tax, 163 

to make annual report to town of expenditure of money, 271 

to render an account of finances when required, 270 
treasurer of state may issue new warrant of distress against 

collectors, 205 

to issue warrant against deficient collector, 239 

"true and perfect list" construed, 180-181 

unimproved land, assessment of, 149 

land subject to, 143 

lands, payment of tax on, 144 

undivided real estate of deceased persons, assessment of, 157 

valuation for state, county and town tax valid, 211 

vessels, assessment of, 151 

warrant, error in does not render tax void, 194 



INDEX. 917 

TAXATION— Continued. 

when lost, new warrant to issue, 194 

for town taxes, 194 

for state tax to be issued on the first day of September, 192 
illegal provision in not acted upon will not make warrant 

void. 194 

containing no authority to distrain or commit is defective, 234 

not vitiated by illegal provision, 2il 

warrants against collectors not satisfied, to be renewed, 205 

when returnable, 214 

for state taxes on plantations to be sent to assessors, 222 

water pipes, assessment of, 144, 149 

taxed as real estate, 180 

water trough, abatement of tax for, 182 

wolves killed, to pay bounty on, 272 

wood, bark and timber standing, assessment of, 149 

written direction to bring in suit to collect tax must be proven, 229 

of selectmen to be averred in suit to recover taxes, 213 

yachts and pleasure boats, assessment of, 151 

TOLL BRIDGES 

acceptance by county commissioners; proceedings, 358 

carriage, number of persons in, free, 357 

cattle, number restricted, 357 

covered, lighting of; penalty, 357 

snowed, to be kept, 358 

damages, none, in case of overload, 357 

evasion of toll; penalty, 357 

penalty, none, unless bridge in repair, 357 

keeper acquires not settlement, 503 

malicious injury, damages and forfeiture for, 357 

none, unless charter complied with, 357 

military companies exempt from toll, 356 

shares where taxed, 154 

surrender of, to county commissioners, 358 

remedy of person aggrieved, 358 

team, unreasonable delay of; penalty, 357 

toll houses, land may be taken for, 358 

traveler, when exempt from toll, 356 

name and residence, shall give 357 

penalty for giving false answer, 357 

number of persons in carriage, free, 357 

team, unreasonable delay of, 857 

TOLLS 

ferries, for; fixed by county commissioners, 403 



918 INDEX. 

TOWN CLERK 

administration of official oaths by, 43 

arrivals from infected places, notice of, 559 

penalty for failure to give, 559 

clerk pro tempore, election of, and oath, 42 

deputy, appointment of, 43 

election at annual meeting, 42 

ballot, to be by, 42 

fees of: general schedule, 51 

instruments for record, shall not draft, 51 

oath of office, 42 

public documents furnished to; title 41 

marking, 41 

town or private ways; return filed with, 280 

vacancy, appointment to fill, 42 
Powers and Duties 

books of record and registry, return of, 51 

common lands, power as to records of proprietors, 501 

election and qualification, may record, 43 

enrollment of voters, as to, 104 

•innholders, duties as to licensing, 625 

special meetings for, 626 

inspectors of flour, to give certificate to, 775 

jurors, duties as to drawing, 735 

penalty for fraud on box, 736 

neglect of duty, for, 736 

jury box, custodian of, 732 

jury list; member of board to prepare, 731 

duties in such preparation, 731 

names placed in jury box, 732 
licenses for dogs, to issue and record; fees, 640-645 

copies of law, to post, 640-645 

lost goods or stray beasts, as to appraisal of, 671 

moderator, to preside during election of, 22 

sewer assessments, to make list of, 418 

state library, to send town reports to, 41, 48 

town officers, list of, and summons, 43 

town treasurer, name sent to treasurer of state, 274 

victualers, duties as to licensing, 625 

special meetings for, 626 
Elections 

ballots ; to send one set to election officers, 128 

loss of; duties in such case, 128 

receipts for, to give, 127 

second set retained until required, 128 

ballots and check lists, preserved by, 133 

state elections, provisions as to, 66 



INDEX. 919 

TOWN CLERK— Continued. 

candidates, to post list of, 126 

elections of governor, at; constitution, 70 

representatives, of; constitution, 73 

senators, of; constitution, 71 

lists of voters filed with, 60 

corrected lists, 62 

town meeting, to be produced at, 62 

penalty for neglect, 62 

lists of deceased voters tiled with board of registration, 753 

neglect of duty; penalty, 100 

polling districts, to record and post limits of, 129 

post list of voters, • 119 

returns of votes at elections, to forward, 68 

loss, how supplied, 69 

copy verified, 69 

returned to secretary of state, 69 

Vital Statistics 

annual returns to state registrar, 752 

births ; return of, 748 

non-resident parents, to; return of, 750 

notice of, required, 750 

record of, to keep and annually return, 752 

evidence in judicial proceedings, 753 

unincorporated places, in; record of, 750 

unreported, duty as to, 753 

deaths; return of, 749 

burial, copy of record sent to place of, 750 

burial permits, to issue, 749 

bodies from without the state, for, 750 

contiguous towns, issued to persons in, 751 

preservation and return of, 750. 

sub-registrars, issue by, 751 

non-resident, return to place of residence, 750 

notice of, required, 750 

record of, to keep and annually return, 752 

evidence in judicial proceedings, 753 

return of certificate of cause, 749 

attending physician, when no, 749 

contagious disease, in case of, 749 

1 'heart failure 1 ', insufficient, 749 

sub-registrars, appointment of, 751 

unincorporated places, in; record, 750 

unreported, duty, as to, 753 

enforcement of certain provisions by, 753 

fees of, 51 



920 



INDEX. 



TOWN CLERK— Continued. 

intentions of marriage recorded with, 

certificate of filing, issued, 
minors, issuance to, 
town pauper, when not to, 
violation of law as to, 
issuing false certificate of, penalty, 
marriages; return of, 

record of, to keep and annually return, 
evidence in judicial proceedings, 

state, in another; certificate filed here, 

unincorporated places, in; record, 

unreported, duty as to, 

among Quakers or Friends, 
neglect of duty, a misdemeanor; penalty, 
Records 

annual return of books, 
errors in, amendable, 
preservation of books, 

penalty for negect, 
bond of collector or constable. 

treasurer of, 
burying grounds, description of, 

family grounds, of, 
certificates of safety against fire, list of, 
common sewer, permit to enter, 

awards of arbitrators, 
dog licenses, 

fences, assignments of partition, 
fire, certificates of safety from, 
innholders, sales of goods by, 
library buildings, land taken for public, 
lost money or goods, notice of finding, 
oaths and certificates, of, 
oil cans ; description of marks, 

defacing with fraudulent intent, 

description of marks, notice of, 
parks and squares, land taken for public, 
perambulation of town lines, 
polling districts, limits of, 
stray beast, description of, 
town officers, appointments of, 
TOWN LINES, 

TOWN OFFICERS 

when and how elected, 
to be sworn, 



745 

745 
745 
745 
745 
747 
748 
752 
753 
745 
750 
753 
46 
753 

51 
52 

40-41 
51 
235 
225, 268 
646 
646 
621 
417 
424 
640 
661 
621 
628 

39-41 
671 
25 
777 
777 
777 

39-41 

4 

129 

671 

348 



18, 19, 20 
20 



INDEX. 921 

TOWN MEETINGS 

annual meetings, time of holding, 18 

reports of officers distributed or read at, R. S. c. 4, § 41. 

assessors, penalty for neglect to choose, 187 

call, signed by selectmen, 9 

first meeting, for, 9 

justice of the peace may issue, when, 9 

majority of remaining selectmen may act, 9 

selectmen refusing to issue, 9 

check list, use of, 62 

penalty for neglect, 62 

cities, meetings called as in towns, 10 

clerk to be sworn, 42 

cullers of staves and hoops, election, 764 

penalty for neglect to qualify, 766 

election of governor, for; constitution, 70 

representatives, of; constitution, 82 

senators, of; constitution, 71 

statutory provision, 23 

fire wards, election, 613 

moderator to be first chosen, 22 

administration of oath to, 22 

ballot, election to be by ; 42, 22 

clerk pro tempore; may call ballots for, 22 

disorderly conduct, to suppress, 23 

leave of, to speak, necessary, 23 

oaths of office, to administer, 25 

order, to preserve, 23 

presiding officer at election of, 22 

when absent, clerk presides, 20 

proceedings at meetings, to regulate,- 22 

vote, to ascertain by poll of voters, 22 

notification, 10 

officers, annual election of, 18 

appointment by selectmen, 19 

vacancy, in case of, 20 

ballot, election by, 19 

oaths of office, record, 25 

penalty for neglect to qualify, 25 

summons to qualify, 25 

vacancy; new election, R. S. c. 4, § 28. 

appointment, when filled by, 348 

order of procedure, 22 
qualification of voters, R. S. c. 4, § 11. 

road commissioner, election, 348 



922 INDEX. 

TOWN MEETINGS— Co ntinued. 

school committee, election, 435 

penalty for neglect to choose, 435 

selectmen, penalty for neglect to choose, 187 

treasurer or collector not eligible, 19 

surveyors of lumber, election, 764 

penalty for neglect to qualify, 766 

vacancy in office; new election, R. S. c. 4, § 28. 

appointment, when filled by, 348 

village corporations, notification, 10 

votes, examination of, prohibited, R. S. c. 4, § 33. 

warrant, called by, 9 

direction, 10 

error in return, amendable, 10 

form and contents, , 10 

lost, return made on copy, 10 

posting and return, 10 

TOWNS 

accounts against, verification of, R. S. c. 113, § 7. 

actions by and against authorized, 3 

defective ways, for, 324 

actual notice of defect, 324 

amount of recovery limited, 324 

cross-walk, none for slipperiness of, 326 

excess of load precludes recovery, 326 

executor, etc., recovery by, 324 

location not to be denied, when, 326 

notice of injury required; form, 324 

offer of default or tender authorized, R. S. c. 84, § 39. 

railroad crossing, at; notice to company, 327 

liability of railroad company, 327 

notice, how served, 327 

sidewalk, none for slipperiness of, 326 

sufferer must give prior notice, when, 324 

view may be ordered, 324 

agents and attorneys, may appoint, 3 

annual reports of officers, 271 

apportionment of representatives, 71 

aqueducts; water for fire purposes, 408 

assessment of taxes, responsibility for, 164 

ballot boxes, to provide, 66 

bastardy case, liability for costs in, 543 

bodies corporate are; powers as such, 3 

books, reports and vouchers, open to inspection, 271 

penalty, for refusing inspection, 271 



INDEX. 923 

TOWNS— Continued. 

borrowing powers of, 31 

bounties to soldiers, payment authorized, 30 

brick-kilns, may prohibit location of, 007 

burying grounds, acceptance of funds for, 648 

bond as trustee not required, 648 

investment of fund, 648 

land for family or private, may accept, 648 

exemption from liability for debts, 648 

inalienable and indivisible, 648 

vote of acceptance to be recorded, 648 

lots in public grounds, may hold title, 649 

funds for care of; acceptance, 648 

by-laws for management of, 648 

interest upon, 648 

protection of, by fence, 646 

penalty for neglect; application, 646 

liability for failure to apply, 646 

taking of land for enlargement, 647 

acceptance at annual meeting, 648 

notice of hearing, 648 

by-laws, 26 

collector delinquent, to pay state, 205 

reimbursement of, for payments, 206 

warrant against, on account of, 206 

debt limit, under constitution, 29 

definition of "town - ", 29 

divisions of the state, 1 

division of, place of voting, 65 

dogs, damages by, payment, 642 

license fees paid to state, 640 

balance credited on state tax, 643 

deficiency added to state tax, 640 

reimbursement, 643 

domestic animals, payment for damage to, 642 

reimbursement, 643 

errors in records, etc., amendable, 10 

ferryman, to provide and pay expense, 403 

neglect to maintain ferry, penalty, 403 

fire engineers, responsible for acts of, 612 

destruction of buildings by, 614 

fuel yards; authority to- establish, 39 

funds in trust for public purposes, may hold, 38 

directions of donor or testator to be followed, 39 

interest to be paid by town, 38 

reversion to donor, 39 



924 INDEX. 

TOWNS— Continued. 

town responsible for security, 38 

gifts and bequests upon condition, may accept, 37 

money in trust, of, 38 

guideposts, shall erect and maintain, 358 

penalty for neglect, 358 

harbor masters, appointment by selectmen, 787 

hospitals for contagious diseases authorized, 604 

control of, and of inmates, 604 

inoculation, except at, forbidden, 604 

regulation of, and removal to, 604 

violation of regulations, 605 

houses of correction, may establish, 550 

support of inmates, 551 

recovery from town of settlement, 552 

kindred, from, 55 "J 

insane hospitals, to pay expenses at, 555 

commitment, of, 1 555 

exception of small towns, 557 

recovery by town, 556 

unlawful commitment, in case of, 556 

joint school superintendent, may employ, 439 

money powers of, 31 

notes, bonds and scrip, issue authorized, 35 

officers, neglect of duty as to dead bodies, 652 

organization, 1 

park commissioners, election, duties, 39 

parks and squares, may take land for, 39 

damages, as to appeal on, 40 

procedure. 40 

perambulation of boundary lines, 4 

notice by officers of oldest town, 4 

penalty for neglect to attend, 4 

proceedings by commissioners, 4 

compensation, warrant of distress for, 8 

record of proceedings of town officers, 4 

stone monuments, necessary every ten years, 4 

policemen, appointment by selectmen. 624 

authority of, 624 

powers as bodies corporate, 3 

powers and rights, 29 

public documents furnished to; title. 41 

marking, 41 

public libraries, may accept gifts for. 682 

building, may take land for, 39 



INDEX. 925 

TOWNS— Continued. 

establish, may, 679 

joint establishment of, 680 

railroads, municipal aid authorized, 379 

loans of towns, paid in instalments, 379 

meetings, conduct of, 379 

cities, in, 380 

securities received, held as trust fund, 379 

voting upon question restricted, 380 

railroad stock, how voted on, 380 

representation on directorate, 380 

raise money for certain purposes, 31 

records, errors amendable, 10 

preservation of, 40 

penalty for neglect, 41 

return of books of, 41 

reports of town officers to be sent to state library, 41, 48 

schoolhouse lot, may take land for, 428 

sewers, to maintain and repair public, 421 

sinking fund, may create, 35 

misappropriation; penalty, 35 

purposes of, limited, 35 

soldiers and sailors, burial of; and widows, 516 

reimbursement of towns, 516 

street railroads, aid authorized, 400 

recovery from, 402 
taxes, first assessed, basis of, see "Taxes'", 

treasurer, name returned to treasurer of state, 48 

money withheld until, 48 

war contracts valid, 37 

unauthorized, may be ratified, 37 

water, gas and electric light, may contract for, 36 
ways, indictment for neglect, see "Ways". 

location of; division by county commissioners, 315 
Appropriations 

anniversaries, to celebrate, 34 

authority in general to make, 30 

burying grounds, purchase and fencing of, 30 

centennial celebrations, for, 34 

fish, propagation and protection of, 39 

free high schools, for, 447 

gifts and devises upon condition, to effectuate, 38 

hearse and hearse-house, to purchase, 30 

histories, for writing and publishing, 34 

joint school superintendent, for salary of, 440 



926 INDEX. 

TOWNS— Continued. 

memorial day, to observe, 34 

old home week, to observe, 34 

poor, for support of, 30 

another provision, 514 

public drinking fountains, for, 323 

public libraries, for, 679 

amount annually certified, 680 

joint, by two or more towns, 680 

use of, in adjoining town, for, 680 

corporation, when owned by, 680 

village corporation, by, 679 

rebellion, suppression of the, 36 

schools, for support of, 30 

amount of, for common schools; expenditure, 431 

drawing, for instruction in, 434 

evening schools, for, 434 

free text-books and apparatus, for, 433 

manual training schools, for, 434 

permanent school fund, in place of, 431 

repairs of buildings, etc., for, 433 

school grounds, for, 433 

union districts, for, 433 

sinking fund, to create, 35 

soldiers 1 monument, to erect, 34 

state roads, for, 366 

treasurer's bond, for corporate surety on, 268 

ways, location and repair of, 31 

TOWN HOSPITALS 

town may establish, 604 

regulations pertaining to, 604 

TOWN REPORTS 

to be sent to secretary of state, 48 
TOWN TREASURER 

annual election, 268 

ballot, to be by, 268 

collector of taxes, may also be, 268 

deputy, appointment of, 270 

liable for, on official bond, 270 

error of, avoids not assessment of taxes, 202 

name to be communicated to treasurer of state, 274 

money not paid to, until, 274 

selectman, not eligible to be, 268 

vacancy, appointment to fill, 270 



INDEX. 927 

TOWN TREASURER— Continued. 

failure to give bond, upon, 268 

person appointed, sworn; bond, 270 
Powers and Duties 

accounts examined quarterly, 270 

actions, taxes on shares in corporations, for, 163 

annual reports, to make, 271 

. bond required; failure to furnish, 268 

corporate suretyship authorized, 268 

elections, neglect of town officers as to, penalty for, , 103 

warrant, to issue, 102 

free high school precinct taxes, as to, 450 

expense of assessing and collecting, 450 

innholders, as to licensing, 625 

special meetings for, 626 

jury list, member of board to prepare, 731 

duties in such preparation, 731 

names placed in jury box, 732 

prosecute suits for town, 274 

receipts and expenditures, as to dogs, to keep, 641 

sewer assessments, as to unpaid, 418 
taxes, see "Taxes", 

victualers, as to licensing, 625 

special meetings for, 626 

weights and measures, to procure standards, 769 

duty to prove same every ten years, 769 

penalty for neglect, 769 

TOWN WAYS 

alteration, location and widening of, 279 

acceptance by town, 280 

opening, time for, after, 283, 316 

refusal by town to accept, 316 

county commissioners, by, upon refusal, 316 

appeal to supreme judicial court, 316 

damages, estimation of, 316 

landowner has right of petition, 316 

refusal by town to accept, upon, 316 

time for opening, 283, 316 

town, action by, ineffectual for five years, 317 

ways laid out by, power as to, 317 

discontinued by, reinstatement, 317 

damages, estimation of, 280 

payment of, 282 

notice of proceedings, 279 

return filed with town clerk, 280 



928 



INDEX. 



TOWN WAYS— Continued. 

damages; action to recover, when brought, 309 

apportionment upon abutters in cities, 297 

arbitration, determination by, 298 

clerk to give notice of assessment, 297 

certify list to city treasurer, shall, 298 

collection by action at law; interest, 299 

sale of land, by; redemption, 298 

lien created to secure payment, 298 

assessment by municipal officers, 282 

location on plan, when vacated, R. S. c. 23, § 27. 299 

complaint for increase of, 282 

petition to enter appeal, 282 

owners of reversions and remainders, to, 282 

payment not before entry, 282 

by whom made, 282 

return, stated in, 280 

tenants for life or for years, to, 282 

dedication by plotting, how vacated, R. S. c. 23, § 27. 299 

determination whether town or private, 279 

discontinuance of, by town, 281 

county commissioners, by; upon refusal, 316 

town, action by, ineffectual for two years, 317 

ways discontinued by, power as to, 317 

reinstatement by town, 317 

lapse of time, by, 283 

opening, time for, 283, 316 

plan, location on; how vacated, R. S. c. 23, § 27. 299 

plantations, powers and liabilities of, 309 

assessors of, their powers and duties, 309 

proceedings void, by lapse of time, 283 

railroad company, over lands of; notice, 318 

lands used for station purposes, over, 319 

tracks, over; proceedings, 318 

adjudication of railroad commissioners; record, 319 

appeal from, 319 

expense of building and maintenance, 319 

reinstatement of town way, by town, 317 

safe and convenient, to be kept, 322 

town, action by, restricted, 317 

winter roads, location of, 281 

acceptance, not until damages paid, 281 

towns not liable to travelers on, 281 

TREES 

preservation of, 789 



INDEX. 929 

TRIAL JUSTICES 

fees of, 757-758 

TRUANCY 

provisions relating to, 441 

TRUANT OFFICER 

election of, 443 

VESSELS 

owners of, 782 

lien on, 53-54 

VICTUALERS 

license of, 272 

VOTERS (see "Elections") 

list of, 60 

list of, clerk of, 66 

list to be prepared by selectmen, 18 

lists of, neglect to prepare, 103 

who may be, 11 

who entitled to be, 57 

VOTES 

return of to secretary of state, 43 

penalty for neglect of person entrusted with, 101 

VOTING 

before name is checked, penalty, 101 

on questions submitted by legislature, 67 

WARD CLERK 

election of, 92 

WARDEN 

to preside at elections, 91 

WARRANT 

for election in towns not classed, 69 

penalty for neglect, 64 

WEIGHTS AND MEASURES 

provisions, relating to, 768-771 

town treasurer to keep, 274-275 

WILL 

form of, 819 

WOOD 

survey of, 762 

WOOD YARD 

may be maintained by town, 39 

59 



930 INDEX. 

WORKHOUSES / 

authorized establishment, / 548 

almshouse may be used, 548 

births and deaths at, notice of, 750 

commitment, person liable to, 548 

duration of, 552 

idle or indigent persons, of, 549 

magistrates only, by; upon conviction, 552 

discontinuance of, 548 

idle and indigent persons, commitment of, 549 

inmates, employment and punishment of, 549 

master, appointment of , 549 

overseers of the poor to have charge, 549 

authority and duties, 549 

rules and regulations of; approval, 549 

WRECKS 

provisions relating to, 782 



nrr -* o in /r 



